Planning Commission Packet - 01/24/1989 POOR QUALITY RECORD
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Tigard Planning Commisaion
JANUARY 24, 1989, at 7:30 PM
Tigard Civic Center - Town Hall
13125 SW Hall Blvd.
Tigard, Oregon •
l. CALL TO ORDER
2. ROLL CALL
3. APPROVE btINUTES P'ROM PREVIOUS ME�TING I
4. PLANNING COMMISSION COPIIdITNICATION AND UTHER B�(TSIIdESS
4.1 Review request by residents for a temporary closur� of SW North Dakota
Street to through traffic between SW 121et Ave. and SW Scholls Ferry Road.
5. PUBLIC HEARINGS
5.1 GR'e. ' .ORN/CENTRON SITE DEVELOPMENT REVIEW SDR 88-25, MINOR LAND PARTITION
I�,P 88-16, VARIANCE V 88-39 NPO � 7 An appeal of the Director's
approval with conditions for a Minor Land Partition and Site Development
Review to divide the 35.39 parent parcel into paraels of 17.83 and 17.56
acres amd to construct a 266 unit apartment complex on the ].7.83 acre
site. Alno, a request to allow singl� driveway accesses wh�re two or
three are required and to allow a 20 foot setback from the eaetern
proper�y line where 30 feet is required. The complex would be located on
both eidea of Summer Creek. Zoning: R-25 (Multi-family residential, 25
units/acre) . Location: East of SW 135th, �outh of Scholls Ferry Road,
�panning Summer Creek. (WCTM 1S1 33DB, l�t 300).
'I 5.2 RASMUSSEN CHEVRON VARIANCE V 88-43, Requeat for approval of a variance
to allow a fresway-oriented sign that is approximately 210 feet from the
i Highway 217 right-of-way where a maxi.mum �etback of 200 is required.
Also, a variance to allow two freee�anding aigns on one street frontage.
Zoning: C-G (General Commeraial) , Location: 11747 SW Pacific Awy. (WCTM
1S1 36CD lota 1001 and 1001-A
6. OTHER BUSINESS
6.]. REVIEW PROPOSED SW 81st AVENUE & SW DORBURN PLACE PUBLIC ACCFSS EASEMENT
VACATTONS.
6.2 ZONE ORDINANCE AMENDMENT ZOA $8-02 CITYWIDE
Requeat by the Cxty of Tigard to amend Title 15 and 18 of the Tigard
Municipal Code to streamline regulationa and permit proceasing pracedurea
and requirements.
7. ADJOURNMENT
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TIGARD PI,AI�NING COMMIS3ION
REGULAR MEETING - JANUARY 24, 1989
1. Vice Preaident F}rre called the meeting to order at 8:45 PM. The meeting
was held at the Tigard Civic Center - TOWN HALL - 13125 SW Hall Boulevard.
2. ROLL CALL: Presents Vice Presi.dent Fyre; Commisaioners Barber,
Caetile, Leverett, Newton, Peterson, and Saporta.
Absent: Commisaioners Moen and Rosborough.
Staff: Senior Planner Keith Liden, City Engineer Randy
Wooleg, and Planning Secretary Diane Jelderks.
3. APPROVAL OF MINUTES
C�mmiesioner Barber moved and Commieaioner Castile seconded to approve
ma.nutes as submitted. Motion carried by majority of Commissioners
present. Commissioners Newton and Peterson abetained.
4. PLANNING CC)MMISSIOId COMMUNICATION
Requeet by Anton Park Neighborhood Asaociation to �emporarily close SW
Nortn Dakota just north of SW Anton Drive.
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Commisaioner Newton agreecl there was a problem, however, wae aoncerned
about other neighborhoode wanting the same considera�ion.
Commiesioner Castile agreed and added hi� concern that other measuree had
not been tried.
Comaoisaion Barbex� agreed �nd was concerned that acc�es would be cloaed off
' for residents of Summer Lake who use thie route to get to the southern
portion of Tigard.
Commissioner Peterson did not oppose the cloaure. He was not sure if the
spot Ghaeen wae the beet choice. He suggeeted closure juet narth o£
Springwood Drive.
Commisefoner Leverett favored the ternporary cloaure.
Vice President Fyre had been on the Commieeian when �hey reviewed the
original subdivieion propoeal �nd haai concerne at that time regardix�g
through traffic. He felt that this portion of North Dakota was being uaed
a� a minor arterial and for that reseon favored a temporary closure.
* Commissioner Leverett moved and Vice Preefdent Fyre secanded to recommead �
to City Council that a temporary closure be granted for a period of six
monthe. Motion failed three to three with one abetention. Commiesion�r.s
Barber, Saporta, and Castile voting no. C�mmi�siomer Newton abatained.
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PLANNING COMMISSION MINUTES - JANUARX 24, 1989 - PAGF 1 �
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* Commiseioner Newton moved tc, forward a resolution to City Council stating
that they recognize that there ia a problem. However, the Commission ie
divided on recommending temparary� cloeure of SW North Dakota. Also, they
would like the City Coux�cil to conaidar the value of thQ precedent that
would be aet with the temporary cloeure. Motion carried by majority of
Commissionera present. Commieaioner Leverett voted no.
12ECESS 9:00 PM
RECONVENL 9:15 PM
PUBLIC HEARING�
5.1 GRABHORN/CEIdTRON SITE DEVELOPMENT REVIEWI SDR 88-25, MINOR LAND PARTITION
MLP 88-16, VARIANCE V 88-39 NPO � 7 An appeal of the Director's
approval with conditions for a Minor Land Partition and Site Development
Review ta divide the 35.39 parent parcel into parcels of 17.83 and 17.56
acres and to construct a 266 unit apartment complex on the 17.83 acre
eite. Aleo, a requeat to allora single drf.veway accesses where two or
three are required an�i to allow a 20 foot eetbacic trom the eastern
property line where 30 feet is required. The complex would be located on
both eides of Summer Creek. Zoning: R-25 (Mul.ti-family re�idential, 25
units/acre). Location: East of SW 135th, south of Scholls Ferry Road,
spanning Summer Creek. (WCTM 1S1 33DB, lot 300) .
Senior Planner Liden reviewed the proposal and conditions that the
, applicant is appealing. He explained t�hat in addition tn an appeal the
appZicant would be making a presentation for a variance of 20 feet where
the Coa3e requiree 30 feet. He would aesiet the Commission an making
findinge for denial or approval o£ the var�.ance requeet.
City Engineer Randy Wooley reviewed the rea�one for staf�'s r�quiring the
conditions that the applicant is appealing.
APPT,ICANT'S PRE3LIdTATION
o Steve Malsam, Vice Preeident, Centron, reviewed the propoeal for the Minor
Land Partition and the Site DeveloQment Review4 He explained that they
had gone through a pr�a-application confsrence with Je•rry Offer, Keith
Li.den, and Gary Alfaon and there had been no mention of a public street
between SW 130th and SW 135th. They met with etaff again aft�r the
decision was given and received no respon�se.
o Bob Rankin, Attorney for Centron explained their concern for conditions
placed upon the undeveloped portion of the partitioned land. First, the
required dedication fo� the east west road; eecond, the Scholls Ferry
right-of-way dedicationf and third, the dedication of the floodplain. On
the Scholle Ferry righ�t-of-way, the State Hiqhway Divieion ie planned fpr
wideninq and the right-of-way dedication can be obta3.ned through a
condemnation proceea, in which caae the awner would received compensation.
with regard to the public road, this ie not a part of �the Comprehensive
Plan. They feel it ie unreasonable to require a public street to remedy
PLANNING COMMISSION MINUTES - JANUARY 24, 1989 - PAGE 2
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an acceas problem which will only create through street traffic problema.
They did not want to dedicate the floot�pl�in b�cause Mr. Grabhorn wanted
to retain ownership of that property. Also, the pedeatrian/bikepath may
now require permite from the Corp of Engineers, which they felt the C�.ty
should be responeible for. I
o Richard Wak�r, Ci.vil Engineer for Centr�n, 11080 SW Al1en Blvd. 5-100,
Beaverton, 97005, revi�wed the private drive they were proposing for the
eite in lieu of the public atreet. Thgy did not feel accesa to the park
is necaasary since the multi-family development provides open space
int�rnally. Also, triere will only be mini.mal parking available for the
park. Discussion followed on what would be constructed
o Steve Malsam reviewed their request for the 20 foot setback vari.ance. He
explained that their appeal on the condition for the ark�orist had to do
with the timing and not the requir�ment for an arboriat. Aleo, for the
public record he wanted it to be know that the hard eervice emergency
accees from 133rd is a requirement of the Fire District. He added that
they would nat appeal a performanc� bond, they had included it in their
appeal as it pertained to the public street.
o Discuasion followed with etaff on how to deal with the different aspects
of the application.
o Senior Planner Liden explained that dedication of right-of-way is a
standard requirement for any development which would include subdivieione
and minor land partitions. If Mr. Grabhorn retained ownerahip of the
floodplain thie would require another minor land partition which would
mean that the property would be divided into four parcel and would have to
go through the subdiviaiun process. Originally the Gorp of Engineers
indicated they would not require any permits, however, now it appears that �
they may.
0 1Diacussion followed with staff regarding the pre-application requirementa,
the street r.equiremente, and park accesa.
PUBLIC �ESTIMONY
o David Oringdolph, Century 21 Properties, 7140 SW Hazel Fern, Tualatin,
supported the applicant•e requeet for a varianc�e. He w�� extremely upset
about the requirement fox the public etreet ae it woul.d abu� the back of
property he had available to develop and would deetroy the livability of
the aite. He did not feel that another public road was needed for the
neighborhood park aince it ie serviced by a 60 faot right-of-way from
130th, and accees could be provided with bike and pedeetrian pathways.
o Steve Scott, 11640 SW 135th, wae concern about the eetk,ACk variance,
however, if the setback is only for the area deBCribed by the applicant
his aoncern are alleviated.
�T.ANNING CGMAiI��IOH MINUTES - JANf1J1�X 24, 3989 - PAGE 3
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o City Engi.neer Wooley clarified that 130th will have a 50 foot right-of-way
with a 34 foot wide Btreet and that Summer Lake Park will be a Community
Park not a N�ighborhood Park. ;
PUBLIG FILARING CLOSED
o Coneensue of the Commission was to make a motion for each condition.
Commissioner Leverett stated that he would be abataining as he had done an
appraisal on the eite.
o Cocnmiesionere Aiewton, Saporta, Castile, Barber, and Peteraon favored
keeping condition number 4 on page 10 af the Notic:e of Decision.
Commiaaioner Fyre favored the agplican�'s request to eliminate the
requirement tor the declication along Scholls P'erry.
* Commiseioner Peteraon moved and Commiseioner Saporta seconded to leave
co�ndition number 4 on page 10 in ths Notice of Decision as is. Motion
carried by majority of Commieaioners preeent. Commiseioner Fyre voted no
and Commisaioner Leverett abstained.
o Conaensus of Commiesion was to retain condition number 5 ae written on
page 10 in the Notice of Decieion.
* Cammissioner Newton moved and Commiesioner Saporta aeconded to leave
condition number 5 on page 10 in the Notice of Decision as ie. Motion
carried by majority of Commissfoaere present. Cammis�foner Leverett
abatained.
o Condition number F on page 10 of the Notice of Decision. Commisaioners
Newton and Saporta supported etaff's recommendation; Coiruqissioner Barber
preferred modify+ing staff•e recommendation eo that th� road would not be a
etraiqht line between 130th ad 135th; Commissioners Castile, Petereon,
and Fyre favored a private road which does not connect straight acros�
from Hawks Beard.
* Commiseioner Peterson moved and Commiasioner Castile eeconded to delete
the requirement for the easement for a public road, however, require that
a private road be planned that will connect 130th tc� 135th without
intersecting at SW Hawka Beard. Motion aarried by majority of
Commieaioners present. Commissionera Saporta and Newton voting no.
o Diecuseion followed regarding revieing aondition x�umber 2 on page il of
the Notice of Decieion.
* Commieeioner Newton moved and Commiseioner Petereon eeconded to delete
c�nditione number 2 on page 11 of the Notice of Decieion and add the ,
following three conditione:
l. Project to conetruct driveway to 135th on north boundary to provide
additi�nal access to aite as ahown on the revised plan.
PLANNING COMMISSION MINUTES - JANUARY 24, 1989 - PAGE 4
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2. Applicant to obtain and record croas easement with property owner to
north to ehare driveway.
3. Upon future development to north internal circulation to provide
connection through to 130th.
Motion carried by majority of Coramissioners preaent. Commiasioner
L�verett abstained.
o Diecuasion regarding condition number 3 on page 11 of the Notice of
Deciaion. �
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* Commiasioner Caetile moved and Commiaeioner Newton eeconded to require �
dedication of the flood plain. Motion carried by majority of
Commieaionere preaent. Commiaeioner Leverett abetained.
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* Commissioner Newton moved and Cam�niseioner Barber aeconded to delete �
condition number 7 on page 11 of the Notfce of Decision. Motion carried
by majority of Commiseionera preeent. Commieeioner Leverett abatained. �,
* Commissioner Newton moved and Commia�ion Petereon eeconded to delete
conditian number 9 on page il of the Not3.ce of Decieion. Motion carried
by majority of Commiseionera present. Commiesioner Leverett abstained. ?
o Discuasion regarding condition number 12 on page 12 of the Notice of
Decision.
* Commissioner Newton moved and Commiesion Saporta secanded to require
design and apecificationa for the pedestiran/bike pa�h to be submitted
prior to isauance of building permit. Also, the City would be reaponsible
for any permits which the Corp of Engineera may req�ire. Motion carried
by majority of Commissioners present. Commissioner Leverett abstaining.
o Diecuseion regard.ing condition number 17 on page 13 of the Notice of
Deciaian.
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mmiseioner Newto
n moved and Commieaioner Saporta seconded to delet-e
condition 17 a. on page 13 of the Notice of Decieion and to add a
requirerc►ent for a conceptual plan for an eaet - west private road. Motion
carried by majority of Com�issionera present. Commieeioner Leverett
abstained.
o Diecuasion regarding the �ariance request.
* Commiasion�r Peteraon moved and Commiasioner Caetile eeconded to approve
the varian�e for a 20 foot eetback on the northern half of the project.
Motion carried by majority of Commisaionere preaent. Commisefoner Newton
voting no and Commissioner Leverett abst€'ned.
RECESS 10:50 PM
RECONVENE 11:00 PM
PLANNING COMMISSION MINUTES - JANUARY 24, 1989 - PAGE 5
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5,2 gASMUSSEN CHE�IRON VARIANCE V 88-4�, Requeet for approval of a variance
to allow a freewa�+-oriented ai.gn that ie approximately 210 feet from the
Highway 217 right-of-way where a maximum setback of 200 is required.
Also, a variance to allow tvro freestandiny sign� on one street frontage.
Zoning: C-G (Gen�ral Cornmercial) . Locatian: 11747 SW Pacific Hwy. (WCTM
1S1 36CD lots 1001 and 5001-A
Senior Planner Liden reviewed the history of the proposal and what is
currently being proposed. He made staff's recommendation for denial of
the variance to allow the��e�isa isggni Codee ExceptionY to allow ai second
approval with conditions
fre�etanding sign.
APPLICANT'S PRBSLNTATIOId
o phil Mc�urdy, Architect, 8040 NE Sanc3y Blvd., Portland, 97213, explained
why they felt they should be allowed tn have a freeway oriented siqn. �e
reviewed gpe,cial signage needs for s�rvice atatione.
o Wilbur Rasmussen, awner, 11747 SW Pacifie Hwy., Tigard, 97223, stated they
needed to retain ae much signage as possible and that the price signs are
neceseary to hia bue�.nesa operatione
PUBLIC TES�IMONY
o No one appeared to epeak.
PUSLIC HEARING CLOSED
o Conaensus of the Cc�mmission wae to favor staff's r�commendation
* Commiasioner Sarber moved and Commiesioner Newton aeconded to deny the
Variance for a fregwayr oriented and to approved a Siqn Cade Lxcep�.ion �er
staff recoaumendati�ons and conditions. Modifying the condition changing
the time line from February 28th to March 31, 1989. Motion carried
unanimously by Commissioners present.
6, OTHER BUSI1vE5S
6.1 REVIEW PROPOSED SW 818t AVENUE & SW DORSURN PLACE PUBLIC ACCE3� LASLMENT
VACATIONS.
o Senior Planner Liden reviewed the easements beinq proposQd for vacation.
* Commiesion�r Castile moved and Commiesioner Peterson seconded to forward
a recommendatian to City Council for approval. Motion carried
unanimouely by Commieaionere pr�esent.
pLANNING COMMISSION MINUTES - JANUARY 24, 1989 - PAGL 6
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6.2 ZONE ORDINANCE �NDMENT ZOA 88-02 CIT'YWIDE
Request by the City of Tigard to amend Title 15 and 18 of the Tigard
Municipal Code streamlining regulations, permit pr�ceseing procedures, and
requireanent s.
o Senior Planner Liden explained that the Code Streamlining would have to
b� reviewed by Planning Commieeion on February 7, 19F39, in order for City
Council to tal�e action an February 27. Planning Commission will have t�
move to set thia item over to the �'ebruary 7th public heariag.
* Vice Preaident Fyre moved and Commiasioner Barber seconded to aet Code
Streamlining over to Y�ebruary 7, 1989, 7:30 PMo Moti.on carried �
unanimoue�.y by Commiseioners preaent.
7. ADJOURNMENT - 11:40 PM
Diane M. Jeld , Secretary
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Mi e, President
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PLANNING COMMISSION MINUTES - JANUARY 24, 1989 - PAGI� 7
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PLANNING COMMISSION ROLL CALL
HEARING DATLs '� � �_ STARTING TIME: _���
COMMISSIONERS
�_ DONALD MOEN
_�,�i1/ VLASTA BARB�:R
V
JAMES Cl'�STILE
MILT FYRE
DEANE LEVERETT
GREG NEWTON
DAVE PETERSON
_� DAN ROSBOROUGH
HARRY SAPORTA
STAFb�' PRESENT:
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TIIIAES P�UBL�SHIN� CO`MPi4NY �esa,
P.O.BOX 370 PHONE(503)684-U360 NOt�Ce �-6808
BEAVERTON,OREGON 97075
Lega� Notice Advertising
`�CI TY 0 F TI GARD � ❑ Tearsheet Notic�
� P0 BOX 23397
TIGARD, OR 97223 ' � Duplicate Affidavit
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AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, )ss'
�, EL.AINf PETROGEORGE
being fir�t duly sworn, deposo and say that I am the Advertising
Qirector, or his p�incipai cierk, of the—T�SaAB.�TIMES
a newspeper of general circulat���s defined in ORS 193,010
and 193.020; published at TI in the
aforesaid county �nd state; thatthe
DIIR�u•�n��-N�� N�T��€
a printed copy of which is hereto annexe.d, was published in the
entire issue of said newspaper for ONE suceessive and
consecutive in th�foliowing issues:
JAN. 12, 1989
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Subscribe � sworn to befoe,� �h��AN. 13, 1 989
Nota u lic for Oregon I
My Commission Expires: 9/20/92
AFFIDAVI7'
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AGSNDA ITEM 4.1
PLANNING Cl�MMIS�ION
JANAURX' 24, 1989
MEMORANDfiM
T(�: T]IGARD PLANNTNG COMMISSION
FROM; IC�ITH LIDEN, SENIOR P7�APiNER �C/
RE: TISMPORARY CLOSURL� OF NORTH DAROTA STREET
At the requeat of Anton Park residente, the City Council hae agreed to hold' a
public hearing to coneider a temporary clo�ure of SW North Dakota Street to
throuqh traffic between 121st Avenue and Scholle Ferry Road. The Cauncil
directed that there ehould be an opportunity for the Planning Commiesion, the
Tranaportation Advi�ory Committee, and NPO #7 to provicie any comenents they pnay
have prior tp the Council hearing. ahe joint meeting has been schedtiled £or
January 24th so the Anton Park qroup can make any preaentation they may wieh ta
the th�ee groups. Afterwarde�, the Commission, Traneportation Committe�e, and
NPO � 7 can me�t separately to take any formal action th�y �ay choosee
dj/PCdMEMO=TR
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MEMORANDUM
CITY OP' TTGARD, OREGON
TO; Members of Planning Commiseion
Membere of Transporation Advie�ory Committee
Members of NPO #7
FROM: Randall R. Wooley, City Enginee�7��
U
DATS: January 20, 1989
A joint meeting of the Planning Commisaion, Transpartation Adv.i.sory
Comraittee, and NPU �7 has be�n called for Tuesday, January 24, 1989, at 7:00
P.M. to Gonsider a requeat for a temporary street closure. The joint meeting
will allow al.l three groups to hear the same presentation from the neighborhood
which is requeating the closure.
Th� Ci�y Council will hold a hearing on the etreet alosure request on
Febru�rg► 13, 1989. 3f gour group wiaheg to provide comments to the Council ynu
! will need to meet and adopt yaur recoramendatior�s prior to February ].3.
Enclosed is a report providing background information.
C: Anton Park Asaociation
(c/o Jeanne Rohlf)
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CONSIDERATION OF A TEMPORARY CIASURE :
OF NORTH DAKOTA STREET AT ANTON PARK
Backaround:
On February Y3, 1989, the City Gouncil will hold a hearing to consider the
temporary clos�ure of S.W. North Dakot� Street at the north taour►da�ry o� Anton
Park. The atreet closure ha� been requested by residents of �he Anton Park
subdivi.sia�n. The residente have objected to the traffic volumes and traftic
�peed on North Dakota Street through the Anton Park subdiviaion.
The attached eketctx shows the location of the propoaed atreet closure.
S.W. North Dakota Street is a minor collector street under the city's
e rtation Ma . A rmanent closure of the atreet
Com rehensive P1an Tran po P Pe
P
would requise a revisi�n to the Comprehensive P1an Map. However, the City
Attorney has advised the City Council that a temporary cloaure may be grant�d
without modification of the Comprehensive Plan Map.
It appears that �ome motoriets are using North Dakota Street to bypase the
traffic congestion which is occurring on Scholls Ferry Road during peak
traffic periods. By using North Dakota Street, motorists can avoid the
congested intersection of 121st and Scholla Ferry Road. Also, by continuing
eastward on North Dakata Street, motorists can acceso Hwy. 217 at Greenburg
Road as an alternative t�o using Scholls Ferry Road to reach Hwy. 217.
North Dakota Street aligne with 125th Avenue at ScYxolls Ferry Road. Yt
appears that some traffic from Seaverton is traveling down 125th and
continuing along North Dakota Street to reach 121st Avenue, rather than
t�arnin,g at 5cholls Ferry Road and jogging west to 121st Avenue. The Gity of
Beaverton ataff have proposed that the street be realiqned to provide a
connection in Beaverton between 125th and 121at. This connection would align
the maior north-south street in Beaverton with the major north-south �treet
in Tigard. There has been some objection to this proposal and it is atill
under con�ideration by the City of Beaverton. Additional Comprehensive Plan
review is proposed by Beaverton during the ce�ming year. Within �.h� mext
year, �eaverton is likely to make a decision on whether to include the
121st/125th connection in their Comprehensive Plan. Cons�ruction of such a
connection would be expected to relieve traffic on North Dakota Street in the
Anton Park arPa.
Impacta:
5ome potential impacte of a temporary elosure of North Dakota Street at Antan
Park include �he following:
. Lesa traffic in Anton Park. Currently, North Dakota Street in Anton
Park carries approxi.mately 3650 vehicles per day. If the temporary
street cloeure is granted, the traffic on North Dakota Street in Anton
Park would be restricted to local traffic and would likely be leae than
1000 vehic�es per day.
. More traffic on other streeta. If North Uakota Street is closed, then
over 200Q vehicles per day wo�ald be diverted to other streete. It is
Page 1
likely that these diverted trips would be on 121et Avenue, Scholls Ferry
Road, or Walnut Street.
. Less traffic on North Dakota Street east of 121st. �losu�e of the
� street at Anton Park would mak� it slightly more difficult to reach
North Dakota Street east o€ 121��. It ie likely that some motoriate now
using North Dakota Street would change to Schalls Ferry Road or Walnut
Street instead.
. More congestion on Scholls Ferry Raad and 121et Avenue. The diverted
traffic would cauae some increase in the traffic on Scholls Ferry Road
and on 121st Avenue at Scholls Ferry Road. The State Highway Division
eatimates that there would be a aliqht increase in delays at ttae
121st/Scholl9 interaection. The State estimates that the increase in
delays would not be so eignificant as to change the level of service
indicator asaigned to theae intersections by the State.
. More congestion on Walnut Street. It ia likely that some of the
diverted traffic would uee Walnut Street, caueing some increase in
congestion at the Walncat/121at intereection.
, More traffic on Sprinqwood Drive. Spri.ngwood Drive residents have also
complained of through t,raffic. It appegrs that motorists use Springwood
Drive �o avoid the congestion at the �cholle/121st irateraection. Any
increase in the traffic at the Scholls/].21at intersection is likely to
eause some increase in through traffic on Springwood Drive.
. Reduced neighborhood accese. The street cloeure will cause a more
circuitaue access route to some neighborhoods. Anton Park will access
only from 121et Avenue. The Summ�rlake area will have access only from
Scholls Ferry Road. �hia will neceeeitate longer trips for some
motorieta and could increase �cnergency vehicle access time in certain
situatiana. It may aleo require revisions to sotue school bus routes.
. Need to construct a turnaround. There may be s�me conatruction costs
involved in providing a temporary turnaround at the street closure
poxn
t.
. Driver confueion. Even with good signing af the street closure, there
is like].y to be some confusion for drivera not familiar with the area.
North DakAta Street will still look like a through street for drivers
approaching from Scholls Ferry Road or from 121st Avenue.
. Problema of xeopening. Once� a temporary closure is ended and the atreet
ia again opened, we can expect that traffic volumes a.n the Anton Park
neighborhood will again increase. It is likely that complaints of
traffic volume and traffic epeede will again be heard from Anton Park.
Residenta who move to the neighborhood during the time of the tempurary
atreet cloaure may not be aware of the temporary nature of the street
closure and may object to the reopening of the street.
Page 2
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C'losure Duration:
If the City Council grants the request for a temporary atreet cl�osure, it
will be necessary to specify the duration of the c�oaure. The duration could
be defined as a specific time period. Alternatively, the Council cauld grant
the etreet closure far a temporary period to expire upon completion of soane
oth�er specific action (such a� completion �of construction of specific atreet
improvementa). Some poseiD�le events that cnuld be used to trigger the end of
a temporary �atreet closure include the following:
. Widening of Scholls Ferry Road to 5 lanea betwsen Fanno Creek and 125th
Avenue. This State Highway project ie propoasd for cnnstruction during
1990 and 1991. It is likely that construction will be completed by th�
fall of 1991.
. Gonstruction of a connection between 121at Avenue and 125th Avenue. It
is not known if this connection will ever be constructed. The City of
Beaverton will be considering thia change ta their eomprehenai.ve Plan
during the next year. If the chanqe is approved, the conetruction
echedule for the roadway is not yet known.
. Improvement of all collector and arterial atreets in the northwest part
of Tigard to full des3.gn et�ndards in accordanc� with the Comprehensive
Plan Tranaportation Map: This would require improvements ta Scholla
Ferry Road, i.mprovementa to Walnut Str��t, improvements to 121st Avenue,
and conetruetion of the Murray Blvd. extension. If all of theae atreets
were in pl.ace, it appears that the arterial etreets and major collector
atreets wrould b� more attractive routes for motoriets and Nnrth Dakota
Street wnuld attract a amaller ehare of the through traffic. Some of
the etreet improvements are currently funded. Others have no current
€unding. Some of the street improvementa w3.11 occur as conditfona of
development. Hence, it ia not known when all of theae �treet
improvemente will actually be comple�ed.
Decision°
The City Council is expected to make a decision on the zequest far a
temporary street closure folYowing the public hearing on February '13, 198�.
The City Council specifically directed that an opportunity be provided f�r
the Planning Commiasion, the Transportation Advisory Committee, and NPO �7 to
provide comments prior ta the February 13 hearing. There is no legal
requirement for these advisory bodiea to take any formal action on this
matter; however, the City Council hae indicated a desire to receive and
review any comments which the advisory bodies may wish to offer.
SUBMITTED: January 19, 1989
BY: �G-G � � ---�
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RandaLl R. Wooley, City Engineer
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CITX OF TTGARD
Washington County, Oregon
1�i0�lYCB OF FI1�I. ORDffit -- �Y PL�iYIiG (�QI�SISSYAiI
l. Concerning Caee Number(s)a SDR 88-25, biI,P 88-16, V 88�39 _
2. Name of Owner: Burt Grabhoril j
Name of Applicant: Centron of Oreaon Corx�oration
3. Address 11080 SW Allen Blvd. S-300 City Beavertorr, State OR. Zip 97005
4. Addrese of Property: Ea�t of 135th Ave., son�th of Scholls Frv. Rd. .
spannina SummercrQek
Tax Map and Lot No(s). : 151 33DB TAX LOT 300
5. Requeet: Ta construct a 266 urnit anartment complex on a 17.83 acre site.
The complex will be located on both sides of Summer Creek. A arinor land
partition approval will divide the 35.39 acre parcel into two varcels of
17.83 and 17.56 acres. Also, to varv the Code buildinqr setback alona
the esetern vronertv line to 20 feet where 3U feet ie reuuired. Zone
Deeianation: R-25 (multi-familv, 25 unite/acre) .
6. Action: Appraval ae requested
X Approval with conditione
Denial
7. Notice: Notice waa �ublished in the newepaper, poated at City Hall,
and mailed to:
X The applicant and owner(s)
X Ownere of record within the required dietance
X The affectc�d Neighborhood Planning Organization
X Affected governmental agenciee
8. Final Decision: TBS DBCISION SHALL Bg FIH�lL �i Februarv 21, 1989,
IINL888 1!N �PPSAI. I�a FILSD.
The adopted findinge of fact, decieion, and statement of conditions can
be obtained from the Planning Department, Tigard City Hall, 13125 5W
Hall, P.O. Box 23397, Tigard, Oregon 97223.
9. Avpeal: Any party to the decision may appeal thia decieion in
accordance with 13.32.290(A) and Section 18.32.370 which providee that
a written appeal may be filed within 10 daye after notice ia given and
sent.
?Le deadline for filiYg of aa appeal ie Februarv 21, 1989.
10. 4ueetions: If you have any questions, please oall the City o� Tigard
Planning Department, 639-4171.
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CITY O�' TIGARD PLANNING COMMISSION
P'INAL ORY�ER NO. 89 - 02 PC
APPROVES AN AFPLIC.ATION FOR A MINOR LAND PARTITION, SITE DEVELOPMENT REVIEW,
AND VARIANCL (MLP 88-16, SDR 88-25, V 88-39) REQUESTED BY BURT GRABFYORN
(CENTRON) .
The Tigard Planning Commission reviewed the above application at a public '
�
hesring on January 24, 1989. The Commission based its decision on the facts, ',
findings, and concluaiona noted below. ��
A. FACTS '
i
l. General Information �
i
CASE: Minor Land Partition (MLP 88-25) , Site Aevelopment Review (SDR I
88-25) and, Vaxiance (V 88-39)
REQUEST: To construct a 256 unit apartment complex on a 17.83 aare aite. '
The complex will be located on both sidea of Summer Creek. A
minor land partition approv�l will divide the 35.39 acre parcel
into two parcel� of 17.83 and 17.56 acres. Also, ta vary the
Code building set,back along the eastern property line ta 2t7 feet
where 30 feet is required. Zone Deeigz�ation: R-25 (multi-
family, 25 units/acre) .
CAM1yREHENSIVE PLAN DESIGNATION: Medium High Deneity Reeidential
2ONING DESIGNATION: R-25 (Multi-family, 25 unite/acre)
APPLTCANT: Centron of Ozegon Corp. OWNER:
�
11080 SW Allen Blvd.
Beaverton, OR 97005
LOCATION: East of 135th Avenue, south of Scholls Ferry Road,
epanning Summercxeek (WCTM 1S1 33DB TAX LOT 300)
2. Backaround Information
The property was annexed into the City of Tiqard in 1�87. The
property was aleo involved in a local improvement dis�rict to impxove
135th Avenue. This prop�rty is subject to assessments as are other
propertiea in the area for this etreet project. No other land use
applications have beer� reviewed by the City relating to this property.
The Planninq Diviaion approved the above application on December 22, 1988
eubject to conditione. The applicant appealed thie decieion because of
objections to eeveral of the conditiane. Also, the applicant amended the
FI�L ORD$R 89-02PC - GRaBHORIi - SDR 88-25/NLP 88-1,6/V 88-39 PIyGg 1
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application before �he Commiseion tn include a building setback variance
request.
3. Viainitv Information
Scholle Ferry Road and the City of Seaverton lie north of the eubject
property. A church, a amall acreage hnme aite, and the Suma�erlake
develc�pment are to the northeast and theae properties are zoned R-7 (PD)
(Reefdential, 12 units/acre, Planned Developmen�). An approved preliminary
plat for Brittany 5qugre IV has been approved for the property imnaediately
ta the aoutheaet which is zoned R-12 (PD) (Residential, 12 unite/acre,
Planned Development) . Immediately to the south are earlier phases of
Brittany Square aubdivieion and thie area is also zoned R-12 (PD).
Immediately west ie 135th Avenue and beyond are the number of developed and
undeveloped parcela that are zoned R-25.
4. Site Information and Pronosal Description
Summer Creek rune in an eas�t-weet direction through the aouthern portion ot
tt�e property and a 100-year flood plain as well ae a wetland and vaildlife
h.abitat area have been identified on both eides of the creek. The area to
�he eouth of the 100-year flood plain ie wooded and the area to the north
hae been in agriculture use. There are no etructuree present on the
property.
The applicant is first proposing to divide �he property inta two parcelg of
17.83 and 19.56 acres. The southern 17.83 acre site will includ� the 256
unit apartment complex. The remaining 17.56 aares are located cloaest to ,
Scholle Ferry Road and are intended to be retained for future developaa�nt.
The Site Development Review application applies to the 266 unit apartment
complex whiah consiste of a combination af 1, 2, and 3 bsdroom units. This
developm�nt is divided into two secti�ns with 96 units proposed on the
south eide of Summer Creek and 170 units on �he northern eide. Eaoh half
was originally intendsd to have one separate access onto 135th Avenue. A
common activity center building and ewimming pool are a3.sa proposed on the
northern portion of the development. In addition, a day care facility is
ehowm in this northern section next to 135th Avenue. This day care has
received a separate Conditional Use approval from the Hearings Officer on
January 5, 1989 (Caee No. CU 88-11) .
At the public hearing before �he Planning Commission, the applicant
presented a revised aite plan for the northern section of the apartment
complex which included two driveway entrances onto 135th Avenue. The
northern driveway heada east between the two parcels propoaed in the
partition. Two additional entrancee are to be provided for the northern
portion of the project and the day care facility from this driveway. The
applicant aleo indicated that this driveway could be extenfled in the future
to 130th Avenue and be made available for acceas to �11 shrutting
developcaent in lieu of a local public street.
FINAL ORDBR 89-02PC - GRllHHORN - SDR 88-25/�Q,P 88-16/V 88-39 PIhGE 2
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�. nngnny an� [�jpp COIl1Cl1@At8
The Engineering Diviaion hae the :Eollowing commentes
a. The submitted site plan showa a prapoeed apartment complex consisting
of 96 units an the south side of 3ummer Creek and 170 unita with the
adminietra�ion and recraational facilitiee on the north eide of Summer
Creek, each with one acceee to 135th Avenue. Also propoeed, as a
separate application, ie a day care facility at the northwest corner ,
of the sito with a separate aoceee to 135th Avenue. '
The proposed development is located on the southern portion of a
large parcel which is bordered by Scholls Ferry Road to the north and
130th Avenue to the east. Thie application proposes to partition the
apartment complex eite from the larger parcel.
b. 135th Avenue is a City minor collector etreet and is currently being
fully improved by a Local Improvement District. The i.mprovements to
335th Avenue z�equired realignment of 135th Avenue to the east at
Scholls Ferry Road, requiring additianal right-of-way ciedication from
this parcel.
c. The City's Comprehensive Plan Transportation Map hae identified the
need to extend 130th Avenue from Scholla F'erry Road to Winterlake
Drive. The portion from Scholls Fe�ry Road to Hawks Beard Stre�t ia
adjacent to thia parcel. 130th Avenue is deeignated to be a minor
collector street requirinq a 60-foot right-of-way width, 40 feet of
pavement width, with the sesociated improvemente. Riqht-of-way
decDication for 130th �►venue ie necessary to provide for the
coastruction of 130th Avenue. The construction of 130t� Avenue will
be required wi�h the development of the adjacent properties.
In addition to the extension of 130th Avenue to provide the neaessary
collector atreet network, City ataff hae identified a need for and
I eset-west road from 135th Avenue to 130th Avenue.
d. Scholls E'erry Road i.s a atate major arterial roadway. Improvements to
Scholls Ferr}� Road are currently being designed in conjunction with
the Washington County Major Streete Tranaportation Improvement
Program. Right-of-way for thee� improvementa ia required to be 55
feet from the centerline. Current rfght-of-way ie 30 feet from the
centerline.
e. The Community Development Code S.�ection 18.108.070 requires that for
apartment complexes with 50-100 units, two 24-foot wide driveways be
pxovided with curbs and eidewalk. For the 170-unit complex, three
drive.w_ays are required. One driveway haa been proposed for each
compl�x.
The width of the southern apartment complex limi�ts the ability to
have more than one access, therefore one accees should be allowed,
FI�TAL ORDffit 89-02PC - GRAHHORN - 8DR 88-25/1Q.P 88-16/V 88-39 P]liGE 3
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provided the gingle accese is modified to provide and increased ,
capacity. I
f. The narrative submitted with the ag�plication indicated that the I
roadways �nd parking areas within the complex are to be paved with 2
inches of claes B aephaltic �oncrete over 2 inches of crushed rock
base. Thie total thickness is inadequate. The parking areaa and low
volume roadways require a minimum of 2 1/2 inch�a of a class C
aephaltic concrete over 8 inches of ba�erock.
g. 133rd Avenue, a City local. street, ie stubbed up to the south property
line of the aite from a residential eubdivision. Typically, acces�s
from a hic�h deneity to low density development is not allowec3,
Therefore, accesa to 133rd Avenue from the apartn�ent site will not be
pursued as ia shown in the submitted aite plan. ,A breakaway type
barxic�de at the end of t14e exieting 133rd Avenue may be required to
allow accese to the apartment complex for emergency vehicles.
h. The apartment complex etraddlea Summe� Creek, therefore storm
drainage diecharge is available. The 100-year flood plain ie defined
to be below the elevation of 175 feet at 135th Avenue.
i. A USA trunk eanitary sewer line exists along Summer Creek and the
apartment complex proposes to connect into thie line.
Building Inspection Division, Tigard Water Dietrict, PG�, and General
Telephone all have no objections to the proposal.
Waehington County Fire Dietrict No. 1 has the following commente:
a. There should be an intertie to 133rd Avenue to allow for an emergency
acceas from the eouth.
b. There are a number of areas within the developraent where turning
radii are deficient. A minimum outside turning radius of 45 f�et and
' an inside radiue of 24 feet ahould be provided in all locations.
c. Buildings K, P, and M all exceed the 150 foot accesa requirement to
all portiona of the first floor of the structuree. Thie eituation
can be addresaed by relacating the buildings or providing automatic
sprinkler protection to these buildings.
d. Hydrants ahall be located eo that no portion of the firet floor of a
non-sprinklered building is further than �5Q feet frora a hydrant. If
buildings are equipped with au�omatic eprinklers, then distances may
be extended to 500 feet. The hydrant locations on the plane ehould be
revised and reAUbmitted for approval.
e. Approximate available fire flow in the area is 2,780 gallons per
minute. Requirec3 fire flow for any hydrant ehall not exceed thie
amount. As these plans do not ehow the number of etor.�es, aqqregate
FII�UI. ORDSR 89-02PC - GR�BHOR!( - SDR 88-25/lQ.P 88-16/V 88-39 P]liGGE 4
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aquare footage between fire walle and type of conatructian, the plane
examiner was unable to det�rmine the required flow.
f. Prior to consideration of this case by the Commiseion, the District
submitted a letter in aupport of a �local street betwe�n 130th and
135th Avenue.
NW Natural Gas Company commenta that the applicant ehould be aure to
complete a set of construction drawinge including an underground utility
plan is provided as soon as poseible.
Th� City Park Board comments that a right-af-way for a public bikepath
between 130th and 135th Avenue �hould be retained through the Swnmer Creek
drainageway.
The Beaverton School District commente that it would anticipate 37 school
age studente from the propoaed development and that these etudents can be
accommodated at either McKay �lementary, Whitford Intermediate School, or
Beaverton High School.
A letter wae received eigned by Terry Wasco representing the homeowners
south of the subject property and Stephen J. Maleam representing the
developer (Centron of Oregon) agreeing to the following conditions with
regard to the propoaed apartmer�t complex.
a. The garages indicated on the site plan on the southern portion of the
parking area wi1.1 be built ae approved by the City of Tigard.
b. All natural vegetation, deciduoue and fir treee will, remain in a 30
foot buffer. The homeownera do realize that eome treee will have to
be re�noved for compliance with City Code regarding grading.
e. ScrPening structure of a minimum of 5 feet will be at�ached to all
carport facilitiee to protect the adjoining households from
automobile headlights.
d. Aaphalt speed bumps will be placed on the aouthern portion of the
parking area.
No other commente have been received.
B. FINDINGS AND CONCLUSIONS:
This application eeeentially containe four par�tcs; the Minor Land
Partition, the Site Development Review, the acceee Variance, and the
setback Variance.
1. Minar Land Partition
FINl�L ORDffit 89-02PC - GR7�SHORN - SDR 88-25/lII.P 88-16/V 88-39 PIl�GE 5
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Section 18.162.030 of the Community Development Code contains several
criteria which must be satiafied in order t� approve a Minor Land
Partition. These criteria require that the prog�osal conform with the
City�s Compreheneive Plan and implementing ordinancee, public
facilities and services are available to the site, the proposed lote
conform with the size and dimensional rsquiremen.ts of the Code, and
all proposed improvements will meet Gity and applicable agency
etandarde. The Commiesion finds that thie gropoeal ie conebetent wi�h
theae criteria eubject to the conditiona liated in Section C below.
It is the applicant's contention that the right-of-way dedicatiorx
requirements along the Scholls Ferry Road and 130th Avenue frontage ie
inappropriate and premature. Howeve,r, the Commission finds that auch
a requirement ia called for by the Code in Sections 18.26.030 and
18.164.030. Section 18,26.030 defines "development" to include
". ..dividing land into two or more parcels, including partitions . . ."
and Section 18.164.030 requires that additional right-Af-way be
dedicated on abutting atreeta in accordance with an "approved street
plan".
Scholls F'erry Road is deaignated as an art�rial etreet and 130th
Avenue as a minor collector street on the City's Traneportation Map
which is adopted as part of the Tigard Compreheneive Plan. Code
Section 18.164.030(e) requires a minimum right-of-way width for
arterials of 60-90 feet and 60 feet for minor collectors. Also, the
improvemente scheduled for Scholls Ferry Road were approved by the
votera as part of the Waehington County Major Streete Transportatian
Impro�ement Program. The deeign of these 3.mproveanents, includfnq the
110 foot wide right-of-way, have been reviewed in public meetings
through the environmental hearing grocese �poneored by the State
Highway Division.
2. Site Develor�ment Review
The prA�osed apartment complex to be located on the eouthern parcel
' is coneiatent with City etandards and the Community Development Code
relating to allowable denaity (266 units propoBed, 366 units
permitted), building height, lot coverage, ar�d viafon clearance.
Additional discuasion ie warranted pertaining to parking, the wetland
and wildlife habitat area, the publfc pedeetrian pathway, landscaping,
the written agreement between the developer and the homeowners, vision
clearance, as well ae Plan policies 3.4.2, 3.5.3, 3.5.4, and 8.3..1.
a. Parking
The eite development plan propoaes a total of 447 parking epaaee and
the CDC requfree that 443 be provided. Aleo, of the required parking
spaces, 266 ahould be covered. Thia number af carports is proposed.
The only deficiency xelative to parking is the lack oF any provieione
for handicapped parking epaces. One such epace muet be provided for
every 50 requfred parking epaces. Thie would result in the need to
incorporate 9 handicapped parking epaces as part of the 447 epacee.
FINl1L ORDffit 89-02PC - GRABHORN - SDR 88-25/1Q.P 88-16/V 88-39 PlIGB 6
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It is e�ggested that these epaces be concen�rated near the common
activity areas such as the swimming pool.
b. Wetland and Wildlife Habitat Area
The wetland and wildlife habitat area hae been identffied in the li
Comprehensive Plan and apecific boundaries �ave been determined by a
wildlife biologist which are ahown on �the site plan. With aome
exceptions ehown in the grading plan, no development or earth moving
is proposed in this area. Comprehensive Plan Policy 3.4.2 requires
that no development take plaae within a wetland. In addition, because
of the open space element of the Plan, which ie reflected in Plan
Policy 3.5.3, this area is to be dedicated to the public for greenway
purposea. The grading plan should be amended so that no grading takee
place within this identifi�d wetland/flood plain area.
The applicant indicated a deaire to retain ownerehip of the 100 year
wetland/flood plain area. The Commiesion finde thia request to be
inconsistent with Plan Policy 3.5.3 anci also, separate, private
owner�hip of this area would create four indi�ridual parcels that
neceaeitates a subdivision rather than a partition approval.
c. Pedeetrian Pathway
The applicant l�as ahown a put�lic pedestrian bikepath along the
northern edge of the wetland area extending from the eaetern boundary
to 135th Avenue. This pathway is called for in the Comprehensive Plan
by Polici�e 3.5.3 and �.5.4. B�oauee thie facility is an open Bpace
amenity and the amount of fill required to insicall the path is
negligible, a Senei�ive Lands permit is not zequired. In addition,
the consulting biolagiet for the applicant has indicated that a Coarpa
af Ersgineers permit i� al�o not required. The need for any possible
permite through the Corps of Engineere of Aivieion of State Lande
shall be verified by the staff. The plane ,submi�tt�d by the applicant
do r�ot indicate any connectione botween the 8 foot side public path
and any of the eidewalks within the development. The Commisaion
recommenda that several connections be provided to allow for adequate
accees to the public pathway from the northern portion of thc�
development.
d. Landsaaping and Buffering
The proposed lanclecaping plan conforms with Code requiremente for
minimum amounts of landscaped area, street trees, trees within
parking areas, and buffering along property boundariea. The euca�se
of thie plan will depend primarily upon the ability to preaerve the
existing fir treea on the south part of the property. The proposed
landacaping plan indicatea that the tzees along the aouthern boundary
of the property will be preeerved between the property line and the
propoeed buildings and parkinq areas. In order to enaure L-ha�t thR
maximum number of existing fir trees can be preserved, an arborist's
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report ehould be presented as part of the final landscaping plsn for
etaff approval. Thia report should indicat� the methods to be used to
preserve the treea and to ensure their survival during and after
construction. After it ie determined whioh trees can be preserved,
they should be proteated at � minimum lay fences during the
construction phases and the arboriet should be available to make
periodic inepections nf the eite during canstruction. In order to
meet the agr�ement between ths developer and the homeowners to the �i
south, the landecaping plan should include preeervation of all natural
vegetation and deciduoue and fir trees within 30 feet of the eouthern
property line.
e. Homeowner/Developer Agreement
The letter of agreement noted above betwe$n the homeownera of
Brittany Square II and Centron of Oregon indicated four conditione
that ahould be met by the developer during the conatruction of the
project. Of �he four, three are items that can be required by the
City. Those include construction of the ga�ragea or carports ae
indicated in the aite plan, preservation of natural vegetation within
30 feet of the aouthern property line, and proviaion of a etructural
screen that ie a minimum of 5 feet to be mounted on all carports to
protect houeehold� from automobile headlighta. The one item that
cannot be required through City Cadea is proviaion of aephalt speed
bumpe. The enforcement of this condition will rest between the
homeowners and the developer.
f. Vision Clearance
The praposed land�caping plan does interfere wit3i vision clearance at
driveway intersectione. The Community Development Code etates that
areae within a 30 foot triangular area on either eide of the driveway
exiats muet not have obetructione that are over 3 feet in height. The
landscaping plan indicates that there will be a number of evergreen
� treea and ahrube that would be over thia height and would be within
� the 30 foot trianglea The plan should be amended so that vision
clearance requirements can be eatisfied.
3. Accesa Variance and Traffic Circulation
Section 18.108.070 of the Community Development Code requires that the
southern portion of the development have two driveway accesses and
that the northern portion of the development have three accese pointe.
The proposal shows one accesa for the eouthern segment and two
drivewaye for the northern half. Section 18.108.150 contains variance
criteria through whiah the Planning Co►nmiasion can grant variancea �o
the access requirementa of thia Chapter.
The eouthern half of the project has limited frontage along 135th
Avenue and the eatabliahment of two dri.vewaya with eufficient spacing
between each would be extremely difficult if not impoesible. 133rd
Avenue terminates at tha south end of the property boundary but due to
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the single family dev�slopment that existe to the south, openin� thie
access would be inappropriate. In order to meet the deaireg of the
Washinqton Countx Fir� Diatrict, conditions of approval will include
that an emergency only acceas of approximately 12 feet in width be
provided fro�n the terminua of 135th Avenue into the project. This
acceae should be located in a m�nner that preserves the maxi.mum number
of treeo. Becauee of the limited amount oF frontage on 135th Avenue
and the provieion of an emergency acceea, the variance to access for
th� south part of the project appears to be justified. This driveway
will be across 135th Avenue from another apartment complex driveway.
The driveway for this project ahould either be directly opposite from
the exieting driveway or have a sufficient offeet so as not to poee a
traffic hazard for vehicles entering or exiting either eite,
The northern portion of the apartment development is intended to be
served by two driveways onto 135th Avenue ae ehown on the amended site
plan. When reviewing the propoaed acceas for the northern portion of
this development, it is important to also consider the development
potential and future accesa for other abuttinq propert3.ea, mainly the
17.56 acre parcel to the north of the apartment project ae well as the
property zoned R-12 (PD) which liee immediately to the east. In
evaluating the access eituation for theee propertiee, Comprehensive
Plan Policy 8.1.1. appliea:
The City shall plan for a eafe and efficient roadway syatems
th�t meets curreat needs and anticipated future qrowth and
development.
In addit3.on to the 170 units pXOposed to the nor�hern portion of this
project, the remaining parcel which ie �ubject of the proposed
partition has a development potential of approximately 435 residencea
and the a.djacent eaetern parcel zoned R-12 (PD) hae a potential for 90
residential units in the area nortka of �ummer Creek. When �hie�
project ie viewed in conjunGtion with the development potential of
these abutting parcela (the number of required accees drives will vary
depending upon the method irs which these properties are developed), it
ia clear that a minimum of 10 drivewaya accees points would be
required in order to meet Section 18.108.070 of th� CAC. In addition,
18.108.060(B) discaurages direct acceea to arterial and collector
streeta.
This raieee the queetion as to how driveway acceae will be provided
for thie project as well ae the abutting properties when they develop.
Street access is presently available on 135th Avenue, Scholls Fsrry ',
Road, and in the future on 130th Avenue. Although there fe a I,
considerable amount of frontage, accees ie limited in the following '
manner:
a. Scholls F�rry Road fe under the State Hiqhway juriediction and
the Divieion has a policy of discnuraging the creation of new
driveways onto thie road. A]Lthouqh an individual driveway acceee
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would be poeeible, it ie not likely and it w3.11 not be permitted
if other optiona a,re availablg.
b. 135th Avenue will hav� limited accese within 350 feet of the
Scholls Ferry Road intersection in order to provide for turn
lanes and sa£e traffic flow as drivera approach the intereection.
Driveways within 350 feet of this intersection will create
unwanted turning mavemente.
c. 130th Avenue haa not been built but it aleo is deeignated as a
minor collector in the City's Compreheneive Plan. As a result,
the same li.mitati.ons that apply to 135th will be present on 130th
ae it is developed. BecauBe of the functional classifications of
Scholls Ferry Road, 135th Avenue, and 130th Avenue and the `
distancee between street intereections, i.t appears that the �
maximum number of drivewaya which coul.d be allowed for this
development plus the abutting propertiee mentioned would total '
approxi.mately 5 or 6. �
The creation of an east-west local atre�t, as recommended by
etaff, would enhance traffic circulation wiihin the neighborhood
and allow for improved acc�se to Summerla}s.e Park which lies to
the eset. The adopted paxk plan calla for improveraenta to
Summerlake Park as a community park, with vehicular access
primarily from 130th Avenue/Wint�rlak� Drive. The park vaill be a
traffic ganerator, attracting traffic from the residential areas
alomg 135th Avenue. Currently, Brittany Drive ia the only direct
connection between 135th and 130th. B�ittany Drive is a local
atreet through a Bingle-family rQeid�ntial area. Therefore, it
fe desirable to have an alternative connection to eerve the
multi-family reaidential area south of Schalls Ferry Road.
The Commission agrees with �he staff•s conclueion that vehicular
access should be eatablished between 130th and 135th Avenue for
the purpnse of improved neighborhood traffic circulation and
emergency access. The Commission doee not conclude that a local
public street ia n�ceesary to furnish thie link between 130th and
135 Avenue. The proposed driveway on the north side of the
apartment complex will provide eufficient access if it extende
between the two atreets and fa staared by all abutting propertiee.
It envisfoned that the common driaeway wi11 be partially
conatructed in conjunction with thie project and com�leted along
with eubeequent develogment to the eagt.
4. Setback Variance i
All the agplicable e�tbaake for thia proposal are coneis�ent with Code
requiremente with the exception of the propoeed 20 foot eetback north
of Sumrner Creek alonq the eastern boundary of the proper�y. 3ection
18.56.050 of the Community D�velopment Code (CDC) requirea a 30 foot
building setback when an apartment comglex of this type abuts a more
restri.ctive zoning diatrict. Since the R-12 zone abuts the subjects i
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property on the east and aouth, a 3D foot eetback ia required a].ong
those property boundariee.
The applicant hae requeated that a eetback nf 20 feet be allowed from
the eaatern property line that is north of 3umimer Creek, while
retaining the required 30 foot aetback along the ren►aining eaetern
bounciary. The affected property owner t�stified that he had no
objection to this request.
The previous Planned Development approval (PD 88-01) for the abutting
eaetern property included an il lot single family residential
subdivieion south of the Summer Creek flood plain and a future multi-
family cievelopment of approximateYy 90 unita north of the flood plarn.
Becauee of the aimilarities between this future project and the
development proposed in this application, the additional 10 of setback
area is not neceasary north of th
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fload
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of the 30 foot setback ie to P • The primary purpose
provide �dequate separation between
eingle family and multi-family reeidences. This purpoae will be met
by main�sining a 30 foot aetback from the south and eoutheast property
boundaries.
C. DECISION
Based upon the diacuaaion above Planning Commiasion approves MLp 88-16
eubject to the �ollowing conditione which shall be met prior to recording
the minor land partition with Washington County.
1. The legal description and eurvey maps ahall be eubmitted for City
approval. STAFF CbNTACT: Jon Feigion, Phone 639-4171.
2. Additional right-of-way shall be dedicated to the Public along the
135th Avenue frontage ae shown in the 135th Avenue LID construction
plans pr�pared by Robert E. Meyer Conaultanta, Inc. The dedication
documen�t ehall be on City forma and approved by �he Engineer Divieion.
Dedication forma and inatructiona are available from the $ngineering
Divieion. STAFF CONTACT: Jon Feigion.
3. The applicant ehall develop a method acceptable to the City for
dividing the aaseesment from the 135th Avenue LID between the
individual lots. STAF'F CONTAC7�: Gary Alfeon, Phone 639-4171.
4. Additional right-of-way shall be deeded to the State along the Scholla
Ferry Road frontage to increase the right-of-way to 55 feet from the
centerline. The description ahall be tied to the �xieting right-of-
way centerline. STAF�F CONTACT; �on Feigion.
5. Right-of-way ehall be dedicated to the public along the 130th Avenue
frontage �o increase the right-of-way to 30 feet from the weat
property line of parcele lSl 33AD, 2100 and 2200. 60 feet of riqht-
of-way ehall be dedicated along the exieting reaidential development
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north of Hawka Heard street. A re�vereing centerline curve with a `,
minimum radiva of 165 feet shall be usod to tranaitfon the 30 feet '
from centerline to cen�erline. The �eecription �hall be tied to the I
existing right-of�way centerline. Th�e dedication document shall be on
City forms and appraved by �he Engineering Divieion. Dedication forme
and instructioa�a are available from the Engineering I9ivieion. STAFF I,
CONTACT: Jon Feigion.
Baoed upon the discuasion above, the Planning Commiseion approves SDR 88-25
and V 88-39 subject to the fo].lowing conditions. The following conditions
shall be satisfied prior to issuance of building permits.
1. The southern apartment com�rlex accese shall be improved to provide
increased capacity aince only one accese is to be use�i inetead of the i
two required. Improvements ahall coneiet of widening the access at !
135th Avenue to 28 feet, curb to curb, and constructing 20-foot radius i
curb returne on either side of the acce,ss. The apron shall be
lengthened to decrease the slope from the gutter to �he right-of-way ,
line. STAFF CONTACT: Gary Alfeon, Phone 639-4171. �,
2. The area below the 100 year flood plain slevation shall be dedicated II
as greenway - open epace to the City. A monumented baundary eurvey
showing all new title linea, prepared by a registered profeseional
land surveyor, shall be submi�ted to the City (Authority: Tigard '�,
Municipal Code, Chapter 18.90) prior to iaeuance of a building germit. �
STAFE' CONTACT: Jon Feigion.
3. A permit or evidence demonetrating compliance with State, Federal, and
local envirornmental regulationa shall be obt�ined by tY�e applicant and
a copy shall be provided to the City (Authority: Tigard Municipal
Code, Chapter 18.90) prior to iesuance of a building permit. STAFF'
CONTACT: Keith Liden, Phone 639-4171.
4. The applicant shall provide for roof and parking lot rain drainaqe to
the public atormwater drafnage aystem or by an on-sfte syetem deeigned
to prevent runoff onto the adjacent property. STAFF CONTACT: Brad
Roast, Phone 639-4171,
5. The applicant ehall obtain varitten approval from Uniffed Sewerage
Agency of Washington County to connect to the eanitary sewer trunk
line prior to iseuance of Public Improvement Permit. STAFF CONTACTs
�ary Alfson.
6. Seven (7) sets of plan and profile public improvement construction
plana and one (1) itemized construction coet eatimate, etamped by a
Register Profeseional Civil Enqineer, d�tailing all proposed public
improvements ehall be �submitted to the Engineering Diviaion for
approval. Two (2) eete of plan and profile plane ehall be aubmitted
for preliminary review prior to eubmittal of final plane. STAP'F
CONTACT: Gary Alfeon.
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7. The proposed privately-operated and maintained parking Yot and/or
roadway plan-profile and crose section detaila ehaZl be provi.ded as !
part of the public improvement plane. STAFF COIdTACT: Gary Alfson. '�
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S. Street centerline monumentation ehall be provided as follows: I
a) Centerline Monumentation I
1) In accordanc� with Oregon Itevieed Sta�utea 92.060, I'I
subsection (2), the centerline of all street and roadway
rights-mf-way shall be monumented before the City accepta a II
atreet 3.mprovement.
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2) The following centerline monumente ahall be set:
A) All oenterline-centerline intersection points.
B) A1� cul-de-sac center points.
C) Curve pointe, beginning and endi.ng pointe (P.C. �e and
P. T. 'a) .
b) Monument Boxee Required
1) Monument boxes conforming to City standarde will be rec�auired
around all �enterline intersection poirate and cul-de-eac
center points.
2) The topa of all monument boxes will be set to fi�afshed
pavement grade. STAFF CflNTACTa Jon Feigion.
9. The proposed paved pede�trian bike path al.ong the north eide of the
wetland shall be inetalled with a minimum width of 8 feet and ehall be
constructed to City etandarda. Plar�e for this path shall be submitted
prior to building permits. The City of Tigard ehall obtain the
necesaary permits from the Divieion of State Lands and the U. S. Army
Corpa of Engineers.
10. The reviaed landscaping plan ehall be submitted which ia consietent
with visual clearance and buffering requirements in Chapter 18.100
and 18.102 of the Community DeveloFxnent Code. STAP'F CONTACT: Keith
Liden.
li. An arboriat•a report shall be eubmitted whic:h outlines which �treea
are to be preaerved and the methode of which they will be protected
during and after construction. Staff recommende that this be
accomplished with a field vieit involving the developer, a etaff
member, and the arboriet to adequately identify the treee. 3TAF'F
CONTACT: Keith Liden.
12. Fencing with a minimum height of 8 feet shall be inetalled around the
drip line of. all trees propoeed for retention prior to any
1rINAL ORDBR 89-02PC - GRllB�RI� - SDR 88-25/LQ,P 88-16/V 88-39 PIlL�S 13
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cangtruction on the site. The fencing shall be inspected and approved
by the consulting arborist and the Planning Divieion prior to permit
issuance. Any later land clearing work within the cArip line shall be
performed by hand. A qualified arborist shall inepect the site at a ,
ntinimum of one time per week during construction to ensure that the
tree preaervation program outlined in the above-atienti�►ned arbc�rist°s :
report is being followed. STAF�' CONTACT: Reith Liden.
13. Tree removal permit shall be obtained prior to any tree removal on
the site. Removal pexmita will not be issued for trees desiqnated for
protection in the approved arborist's report unlesa eufficient cause
is verified by the consulting �rborist. STAFF eONTACT: ICeith Liden.
14. A revised site plan ahall be eubmitted for Planning Director's
approval which includes the following items:
a. Location of an conceptual eaet-west private street in the
vicinity of the northern boundary of the propc�eed project.
b. Nine handicapped spaces within the development.
c. Turn radii and acc�es requiremente ahall be revised to satisfy
Washington County Fire Di�trict standards.
d. A 30 fao� building setb�ck shall be provided along the� e�atern
boundary ot the property south of the Swnmer Creek �lood plain.
A minimum of a 20 foot building setback shall be provided aleng
the �astern property line to tlie north of the Summer Creek flood
plain.
e. There shall be rio encroachment within the identified wetland area
for either fill or canstruotion with the exeption nf path noted
in Condition 9. aboves STAFF CONTACT: Reith Liden.
15. The applicant shall comply with the letter of agr�ement dated Nov�mber
29, 1988, between Centron of Oregon and Bxittany Square I� with the
exception of item number 4 contained in that letter. Number 4 is not
enforceable by the City. STAFF CON�ACT: Reith Liden.
Prior to an iseuance of an oocupancy permit for any new buildings on the aite,
the following conditiona shall be met to the sa,'tisfaction of the Planning
Divieion. STAFF CONTACT: Keith Liden.
16. All 1andHCaping materiale, permanent fencing, and other propoeed site
improvements shall be installed ae per the approved landecaping and
site plane.
17. A eign permit shsll be obtained prior to the ereation of an
identification eign. Sign location and �ize must be in accordance
wi�h provisions of 3ection 18.114 of the Community Development Code.
3TAFF' CONTACT: Michael Mattucci, phone: 639-4171. '
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TSIS ll�PPROVI�L S�I.L BS VALID IF BYYSRCISgD WITHII� ONS YBAR OF T� FI�iAL APPRiOV1�I.
DliTS.
It ia further ordered that the applicant be notified of the entry of thie final
order.
PASSLDa This / '-� day of February, 1989, by the Pl � g Camiaoiseion of the
City of Tigard.
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o� e •Vice Freeident
Tiga anning Commiseion
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AGEPTDA ITLM 5.1
PLANNING COMMISSION
J�1NiJARY 24, 1989
MEASORANDUM
TO: Planning Commiesion
FROM: Reith Liden, Senior Planner �-
DATE: January 19, 1989
RE: Grabhorn Site Dev�elopment Review (5DR 88-25)
Minor Land Partition (MLP 88-16)
On December 22, 1988, the Planning Division issued an administrative approval
of the abave applications aubject to conditione. The applicant has appealed
the decision because oiE a number of requiremente �hat were impoaed as part of
the approval. The applicant objects to conditions pertaining to tkae
improvement of an eaet-west local e�reet along the north side of the pr�oposed
apartment complex, restr,iction of accese an 135th Avenue, dedication of right-
of-way along the Scholls Ferry Road frontage, dedication of ttie 100 year flood
plain of Summer Creek, and the provision of a pedeetrian path within the flood
plain.
Attached is a copy of the staff d�cision, site plan, and the notice of appeal
!� aubmitted by the applicant. Since the appeal was filed, the Fire Marehals
Office forwarded a letter (alao attached) in support af the requirement for an
east-weet public etreet through the aubject property.
F'inally, the applicant requested a Variance to the required building aetback
from the eastern property line at the time the appeal wae filed. The
Community Development Code specifies that a 30 foot eetback be maintafned when
developnent in the R-25 zone abute a more reatrictive zoning diatxict (in thia
case R-12(PD)). Findinge to juetify the 20 foot setback deeired by the i
applicant have not been submitted. The rationale for this Variance should be �
diecusaed with the developer duriizq the hearing and staff can aeeist the
Commiasion with the preparation of findings for approval or denial. '
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SDR88-25 '
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CITY OF TYGARD �
N�TICE OF DECI5IUN
Site Development Review SDR �8-25
Minor Land Partition MLP 88-16
Grabhurn (Centron)
APPLICATION: To construct a 266 unit apartment complex on a 17.83 acre site.
The complex would be located on bottn sides of Summercreek. Also, a minor land
partition approval to divide the 35.39 acre parcel into two parcels of 17.83
and 17.56 acres. Zoning: R-25 (liulti-family, 25 units/acre) . Location:
East o£ 135th Avenue, south of 5choll Ferry Raad, spanning Summercreek (WCTM
1S1 33DB, Tax Lot 300).
DECISION: Notice is hereby given that the Planning Airector° designee foc the
City of Tigard has APPROVED this application sub3eat to the findings noted
below. The findings and conclusions on which the decision is based as noted
below.
A. FINDING OF FACT
1. Background
The property was annexed into the City of Tigard in 1987. The
praperty was also i:n�rolved in a local improvement district to improve
on 135th Avenue. This property has been included in the district and
is subject to assessments as are other properties in the area for the
improvement of 135th. No other land use applications have been -
reviewed by the Citgr relating to this property.
2. Vicinity Informakion
� Scholls Ferry Road ar�d �he City of Beaverton I.ies north af khe subject;
property. A church. a small acreage home site� and the Summerlake
development are to the northeast and these properties are zoned R-7
(PD) (Residential, 7 units/acre, Planned Development). An approved
preli.minary plat for Brittany Square IV has been approved in the
prop�rty immediately to the southeast which is zoned R-12 (PD)
(Residential� 12 units/acre, Planned Development). Imaaediately to the
south are earlier phases of Brittany Squase subdivision and this area
is also zoned R-12 (PD) . Immediately west is 13Sth Avenue and beyond
ace the number of developed and undeveloped parcels that ati�e zoned
R-25.
3. Site Information and Proposal Description
Summer Creek runs in an east-west d'zrection through the southern
portion of the property and a 100-year floodplain as well as a wetland
and wildland habitat area have been identified on either side of the
• creek. The acea to the south of the 100-year floodplain is wooded and '
the area to the north has been in agriculture use. There are no
struct�res present on the property.
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The applicant is first proposing to divide the property into two
parcels of 17.83 and 17.56 acces. The 17.83 southern acre site is
proposed for the 266 unit apartment complex. The remaining 17.56
acres is located closest to Scholls Ferry Road and is intended to be
retained for future develApmeiit.
The Site Development Review application applies �o the 266 unit
apartment compl.ex which consists af a combination of 1, 2, and 3
bedroom units. This development is divided into two sections with 96
units proposed on the south side of Summer Creek �nd 170 units on the
northern side. Each half is �ntended to have one separate access onto
135th Avenue. A common activity center building and swimming pool ace
also proposed on the northern portion of the development. In
addition� a day care facility is shown in this northern portion �ext
to 135th Avenue. �his day care will require a separate Conditional
use public hearing with the Hearings Officer at a later da�e.
4. Agency and NPO Cnmments
� The Ettgineering Division has the follnwing comments:
s. The submitted site plan shows a proposed apartment complex
consisting of 96 units on the south side of Sumiaer Creek and 170
uni.ts with the administration arid recreational faci2ities on the
north side of Summer Creek, each with one access to 135th Avenue.
Also proposed� as � separate application� is a day care facility
at the northwest corner of the si�� with a separate access to
135th Avenue.
The proposed development is located on the southern portion of a �
large parcel which is bordered by Scholl Ferry Road to the north
and 130th Avpnue to the e�st. This �pplication proposes to
partition the apartment coanplex site from the larger p�rcel.
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' b. 135th Avenue is a City minor collector street and is currently
� be�.ng fully impr.oved by a Local Improvement District. The
improvements to 135th Avenue required realignment of 135th Avenue
to the east at Scholl Ferry Road, requiring additional
right-of-way from this parcel.
c. The City's Comprehensive Plan Transportation tiap has identified
the need to extend 130th Avenue from Scholls Ferry Road to the
existing Winterlake Drive. The portion from Scholl Ferry Road to
Hawks Beard Street is adjacent to this parcel. 130th Avenue is
designated to be a minor collector street requiring a 60-foot
right-of-way width� 40 feet of pavement width. with the assoczated
improvements. Right-of-way dedication for 130th Avenue is
necessary to provide for the construction of 130th Avenue. The
construction of 130th Avenue will be requiced with, the development
of the adjacent properties.
' In addition to the extension of 130th Avenue to provide the �
necessary collector stceet network, City staff has identified a
� need for an east-west road from 135th Avenue ta 130th Avenue.
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d. Scholls Ferry Road is a state major arterial roadway. improvements
to Scholls Ferry Road are currently being desigtted in conjunction
with the Washington Coun�y Major Streets Transporta�ion
Iraprovemen� Program. Right-of-way for these improvements is
required to be 55 feet from the centerline. Current right-of-way
is 30 feet from the centerline.
e. The Community Development Code 18.108.070 requires that for
apartntent complexes with 50-100 units, two 24-foot wide driveways
be provided with curbs and sidewalk. For the 170-unit complex,
three driveways are required. One driveway has been proposed for
each complex.
The width of �he �outhern apartment complex limits the ability to
have more than one access, therefore one access should be allowed.
provided the sa.ngle access is modified to provide an increased
capacity.
f. The narrative submitted with the application indicated that the �
roadways and parking areas within the complex are to be paved with
2 inches of elass B asphaltic concrete over 2 inches of cru�hed
rock ba�se. This total thic]mess is inadequate. The parking areas •
and low volume roadways require a minimum o£ 2 1/2 inches of a
class C asphaltic concrete over 8 inches of baserock.
g. 133sd Avenuee a City local street, is stubbed up to the south
property line o£ the site frdm a residential subdivision.
Typically, access from a high density to low density development
is not allowed. 'Therefore, access to 133rd Avenue from the
apartment site s�rill not be pursued as is shown in the submittec! ' �
site plan. A breakaway type barricade at the end of the existing 1�
133rd Avenue may be required to allow access to th�e apartment J
complex for emergency vehicles. ���
h. The apartment complex straddles Summer Creek, therefore stArm ,
drainage discharge is available. The 100-year flood plain is i
defined to be below the elevation of 175 feet at 135th Avenue. '
. i. A USA trunk sanitary sewer line exists along Summer Creek and the I
apartment complex proposes to connoct into this line. I
Building Inspection Division, Tigard Water District� PGE, and General I
Telephone all have no objections to the proposal. '
Washington County Fire District No. 1 has the following comments:
a. There should be an intertie to 133rd Avenue to allow for an
emergency access fcom the south.
b. 7Chere are a number of areas within the development where turning
radii are deficient. A minimum outside turning radius of 45 fset
• and an inside radius of 25 should be provided in all locations. �
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c. Buil.dings K, P, and H all exceed the 150 foot aacess requirement
� to all portions of the first floor of the structures. This •
situation can be addcessed by relocating the buildings or
providing automatic sprinlcler pco+tection to these bwildings.
d. Hydrants sha�l be located so that no portion of +the first floor of
a non-sprinkl�r building is further than 250 feet front � hydrant.
If bwildings are equipped with automatic sprinklers, then
dista±nces may be extended to 500 feet. The hydrant locations on
the plans shauYd b� revised and resubmitted for approval.
e. Approximate available fire flow in the area is 2,780 gallons per
minute. Required fiee flow for any hydrant shall not exceed this
amount. As these plans do not show the number of stories,
aggregate square footage between fire walls and type of
construction. tlhe plans examiner was unable to determine the
required f.ire flow.
�s NW Natural Gas Company comments that tre, applicant should be sure to
complete a set of construction d�awings including a utility p2an
(undergrounQ) is provided to NW Natural Gas Company as soon as
possible.
The City Park Board comments khat a right-of-way for a public bikepath
between 130th and 135th Avenue should be retained through the Sumcner �
Creek dr.sinageway.
The Beaverton School District comments that it would anticipate 37
school age students from the proposed development and that these
students can be ac;commodated at either HcKay Elementary, Woodford
+� Immediate ScY�ool, or Beaverton High School.
A letter wa.s received signed by Terry Wasco representing the
homeowners south of the subject property and Stephen J. lialsan
representing the developer (Centron of Oregon) agreeing to the
following candi�ions with regard to the proposed apartment complex.
a. Garages as indicated on the site plan on the southern portion of
the parking area will be built as approved by the City of Tigard.
b. All natural vegetation, deciduous and £ir trees will remain in a
30 foot buffer. The homeowners do realize that some trees will
have to be removed for compliance with City Code regacding grading.
c. Screening structure of a minimum of 5 feet will be attached to all
carport facilities protecting the adjoining households from
automobile headlights.
d. Asphalt speedbumps will be placed on the southern porrion o£ the
parking area.
• No other comments have been received.
NOTIC6 OF DECISION — SDR 88�25/MLP 88-16 — GRABHORei — PAGS 4
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B. A4NALYSIS AND CONCLUSION
This application essentially aontai�s three parts; the Minor Land
Partition, the Site Development Review, and the Varia�nce applicatio�
pertaini�g to access.
1. Minor Land Partition �
Section 18.152.030 of the Community Development Code contains several
criteria which must be satisfied in order to' approve a Minor Land
Partition. These criteria require that the proposal conform with the
City's Comprehensive Plan and implementing ordinances, public
facilities and services �re available to the site, the proposed lots
conform with the size and dimensional requirements of the Code� and
all proposed improvements will meet City and applicable agency
standards. The staff finds that this proposal is consistent with
these criteria subject to the conditions listed in Section C below.
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• 2. Site Development Review
The proposed apartment complex �o be located on the southern parcel is
consistent with City standards and the Cos�nunity Development Code
relating to allowable density (266 units proposed, 366 units
permitted), building height, lot coverage, and vision clearance.
Additional discussion is warranted pertaining to setback requirements,
parking. wetland and wildlife habitat area� public pedestri�n pathway,
landscaping, the written agreement between the developer and the
homeowners, vision clearance, as well as Plan policies 3.4.2, 3.5.3�
3.5.4� and 8.1.1.
� a. Setback
All the applicable setbacks for this proposa� are consistent with
� Code requirements with the exception of proposed 20 foot setback
along the eastern i�oundary of the property. Section 18.56.050 of
the Community I�evelopment Code (CDC) requires a 30 foot building
setback when an apartment complex of this type abuts a more
restrictive zoning district. Since the R-12 zone abuts the
subject property on the east and south, a 30 foot setback is
required along those property boundaries.
b. Parking
The site development plan proposes provision of 447 parking spaces
and the CDC requires that 443 be provided, Also� of the required
parking spaces, 266 should be covered. This number of carports is
proposed. The only deficiency as far as parking is concerned is
that applicant has not made any provisions for handicapped parking
spaces. Section 18.106.020(n) provides that one handicapped
parking space be provided for every SO required parking spaces.
This would result in the need to incorporate 9 han�dicapped parking
• spaces as part of the 447 provided spaces. It is suggested that '
these spaces be concentrated near the common activity areas such
as thP swimming pool.
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c. Wetl.and and 4�iYdlife Habitat Area
The wetland and wildlife habitat area has been identified in the
Compreh�nsive Plan and specific boundaries have been determined by
a wildlife biologist and aLe shown on the site plan. With some
exceptions shnwn in the grading plan, no development or earth
'c 3.4.2
's ro osed in this area�.� Comprehensive Plan Poli y
movin i
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re�uires that no development take place within a wetland. In
addition, because of the open space element of the Plan, which is
reflected in P1an Policy 3,5.3, this area is to be dedicated to
the public for greenway purposes. The grading plan should be
� amendacf so that no grading takes place within this idenitified
wetland/flood plain area.
d. Pedestrian Pathway
Tine applicant has shown a public pedestrian bikep�th along the
. northern edge of the wetland area extending from the eastern
boundary to 135th Awenue. This pathway is called for in the
Comprehenside Plan by Policies 3.5.3 and 3.5.4. Because this
facility is an'open space amenity and the �aount of fill requireQ
to install the path is negligible, a Sensitive Lands permit is not
sequired. In addition� the consulting biologist for the applicant
has indicated that a Corps of Engineers permit is also not
required. The need £or any possible permits through the Corps of
Engineers or Division of State Lands shall be verified by the
staff. The plans submitted by the applicant do not indicate any
connections between the 8 foot wide public path and any of the
sidewalks within the development. Staff recommends that several
ec�nnections be provid�d to allow for a6equate access to the public '
� pathway from the northern portion of the development.
e. Landscaping gnd Buffering ;
The groposed landscaping plan conforms with Code requirements for
minimum amounts of landscaped area� street trees. trees within
parking areas, and buffering along property boundsries. The
success of this plan will be based primarily upon the ability to
pceserve the existing fir trees on the south part of the
pcoperty. The proposed landscaping plan indicates that the trees
along the southern boundary of the property will be preserved
between the property line and the proposed buildings and parking
areas. In order to ensure that the maximum number of existing fir
trees can be preserved� an arborist's report should be presented
as part of the final landscaping plan for staff approval. This
report should indicate the � methods to be used to preserve the
trees and to ettsure tt�eir survival during and after construction.
After it is determined which trees can be preserved. they should
be protected at a minimum by fences during the cons�ruction phases
and the arborist should be available to make periodic inspections
of the site during construction. In order to meet the agreement
. between the developer and the homeowners to the south, the
landscaping plarn should include preservation of all natural
vegetation. deciduous and fir trees within 30 teet of the southern
pcoperty line.
NOTIC6 OF DECISION - SDR 68-25/2�lLP 88-16 - GRABHORN - PAGB 6
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f. Homeowner/Developer Agreement
The �.etter of agreecnent noted above between the homeown�rs of
Brittany Square II and Centron of Oregon indicated four conditions
that should be met by the developer during the construction of
this pcoject. Of those four, ttiree fall within the juris�iictian
of items that can be required by the City those include
construction of the garages oc carports as indica�ed in the site
plan, preservation of natural vegetation within 30 feet of the
southern progerty line� and provision of a structura9. screen that
is a minimum of 5 feet to be mounted �n all carports ta protect
households from sutomobile highlights. The ane item that cannot
be required through City Codes is �provision of asphalt
speedbumps. The enforcement of this condition will rest between
� the homeowners and the developer.
g. Vision Clearance
The proposed landscaping plan does interfere with vision clearance
at driveway intersections. The Community Development G�de states
that areas within a 30 foot triangular area on either side of
driveway exits must not have obstructions that are over 3 feet in
height. The landscaping plam indic�tes that there will be a
number of evergceen trees and� shrubs that would be over this
height that would be within the 30 foo� triangle. The plan should
be aunended so �hat vision clearance requirements can be satis�ied.
3. Access Variance and Traffic Circulation
Section 18.108.070 of tha Community Development Code requires that the
southern portion of the development have two drivewray accesses and
that the northern portion of the development have three access �
points. The proposal shows one access fa�r each half. Section
18.108.150 contains variance criteria through which the Planning
Director can grant variances to the access requirements of this
Chapter.
The southern half of the project has limated frontage along 135th
Avenue and the establistuaent of two driveways with suf f icient spacing
between each would be extremely difficult if not in►possible. 133rd
Avenue terminates at the south end of the property boundary but due to
the single family development that exists to the south� opening this
access would be inappropriate. In order to meet the desires of the
Washington Couuty Fire District� �conditions of approval will include
that an emergency only access of approximately 12 feet in width be
provided from the terminus of 135th Avenue into the project. Because
of the limited amount of fcontage on 133rd Avenue and the �provision of
an emergency access, the variance to access for the south part of the
projec� appears to be justified. This driveway �rill be across 135th
Avenue from another apartment complex driveway. The proposed driveway
• for this project should either be direCtly across from the existing
driveway on ttte opposite side oc have a sufficient o�fset so as not to
pose a tcaffic haZard for vehicles entering or exiting either site.
DTOTICE OF D6CISION - SDR 88-25/I4.P 88-16 - GRASt{ORDi - PAGE 7
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� The narthern portion of the apartment development also is intended to
be ser�ed bp one driveway onto 13Sth Avenue. In addition, a second
independent access is to be provided for the propos�d day cace
facility. This day care wrill be reviewed thrAUgh a separate
Conditional Use Appiication with a public hearing before the k[eacings
Offiaer. When reviewing the propose�l access for the northern por�ion
of this deveZopment, it is important to also consider the development
potential and future access for other abutting properties, mainly the
17.56 acre parcel to the narth of �he apartm�nt project as well �� the
property zoned R-12 {Pp) which lies immediately to the east. In
looking at the access situation for these properties, it is important
to consider C�mprehensive P1an Policy 8.1.1 whir_h states:
"The City shall plan far a safe and efficient roadway system
that meets curcent needs and anticipated future growth and
development,"
In addition to the 170 units proposed on the northern portion of this
project, the remaining . parcel which is sub3act of the proposed
�air�ition has a development pot�ntial af approxi�tely 435 residences
and the adjacent parcel zoned IZ-12 (PD) has a potential for 90
residential units in the area north of Summer Creek. When this
projeet is viewed in con3unction with the development potential of
these abutting parc.els (the number of required access drives will vary
�depending upon the method in which these properties are developed), it
is clear that a minimum of 10 driveway access points would be required
in order to meet Section 18.108.070 of the CD�C. In addition,
18.108.060(b) discourages direct access to arterial and collector
streets. �
� This raises the question as to how driveway access will be provided
for this project as well as the abutting properties as they develop.
Street access is presently available on 135th Avenue, Scholls Ferry
Road, and in the future on 130th Avenue� Although there is a
considerable amount of frontage, access is limited in the following
ma.nner:
a. Scholls Ferry Road is under the State Highway 3urisdiction at�d the
Division has a policy of ciiscouraging the creation of new driveway
onto this road. Although an individual driveway acce5s would be
possible, it is not likely and it will not be permitted if other
options are available.
b. 135th Avenue will have limited access within 3S0 feet of the
Scholls Ferry Road intersection in order to provide foc safe
traf f ic f low and turn lanes as drivers approach tlne inter�ection. �
Driveways within 350 feet of this intersection will cceate `
unwanted turning movements.
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c. 130th Avenue has not been built but it also is designated as a �
. minor collector in tYie City's Comprehensive Plan. A� a result� ' �
the same limitations as with 135th will be present on 130th as it
is developed. Because of the functional classification of Scholls
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Ferry Road, 135th Avenue and 130th Avenue and the distances
between street intersections, it apgears that the ma�cimuin number
of driveways which couLd be allowed for this development plus the
� abutting properties mentioned would total approximately 5 or S.
This woald mean unless some additional public street access is
provided� substantial variances will be necessary in order ta
develop this and the abutting properties. The east-west locaL
street between 130th and 13Sth� as proposed by the Er�gineerin� '
Division, wouid provide for the additional access cequired by CDC �
18.].08.07 0.
The creation of an east-west local street will �nhanee tr�ffic
circulation within the neighborhood and allow for improved aecess
to Summerlake Park which lies to the east. The adopted park plan
calls for improvements to summerlake Park as a community park,
with vehicular access primarily from 130th Avenue/Winterlake
Drive. The park will be a traffic generator, attracting traffic
from the residential areas along 135th Av�nue. �urrently,
Brittany D�ive is the only direct connection between 135th and
130th. Brittany Drive� is a local street through a single-family
�residential area. Therefore, it is desisable to have an
alternative connection to serve the multi-family residential area
south of Scholls Ferry Road.
Based upan the discussion above; staff concludes �hat a local
street shauld be provided along the northern boundary of the
proposed d�velopment with the intent that future �xtensions will
take place in conjunction with additional develop�e,n, t.
Right-of-way dedication for this street should be made pai�t'�of
the minor land partition approval and the actual improvement of
the street should occur in conjunction with the development of
ttae ad�oining parcels. This condition will require a revision of
the site plan for the northern portion of the developm�nt. A
minimum of 3 driveway accesses onto 135th and the new east-west
local street stnould be provided in conjunction with this
development. Access �o tt�e daycare facility should be revi.ewed
as a separate itean in con3unction with the Conditio�aal Use
he3ring.
C. DECISION
Based upon the discussion above. the Planning Director's designee
approves HLP 88-16 sub3ect to the following conditions which shall be
met prior to recvrding the minor land partitimn with Washington
County. �
1. The legal descriptions and survey maps shall be submitted for
City approval. STAFF CONTACT: Jon Feigion, Phone 639-4171.
NOTICE OF DBCISIO�T - SDR 88-25/KLP 88-16 - GRABHORN - PAG6 9 }`
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2. Additiorial right-of-way shall be dedicated to the Public along the I'i
135th Ave�ue frontage as shoc•m in �he 135th Avenue LID construction �
plans prepared by Robert E. �eyec Consultants, Inc. The dedication '
doeument shalY be on City forms and approved by the Engineering
division. Dedication forms and instructio�s are avaalable from the
Engineering division. STAFE CONTACT; Jon Feigion.
3. The applicant sha11 develop a method acceptable to the City for
dividing the assessment from the 135th Avenue LID between the
individual lots. STAFF CONTACT: Gary Alfson, Phone 639-4171.
4. Additional right-of-way shall be deeded to the State along the Scholls
Ferry Road frontage to increase th� right-of-way to 55 feet from the
centerline. The description shall be tied to �he existing
right-of-way centerline. STAFF CONTACT: Jon Feigion.
5. Right-of-way shall be dedica�ed to the Pubiic along the 130th Avenue
frontage to increase the right-of-way to 30 feet from the the west
property li.ne of parcels ].S1 33A.D, 2100 and 2200. 60 feet of
right-of-wsy s1ha11 be dedicated along the existing residential
development north of Hawks Beard Street. A reversing centerline curve
wit4� a minimum radius of 165 feet shall be used to transition the 30
feet from centerline to centerline. The description shall be tied to
the existing right-of-way centerline. The dedication document shall
be on City forms ane9 approved by the Engineering division. medication
forms and instruc�ions are available from the �ngineering division.
STAFF CONTACT: Jon Feigion.
b. Right-of-way shaYl &�e dedicated to the public for � skreet between
�+ 135th Avenue and 130th Avenue. 'Phe right-o€-way shall esctiend 25 Eeet
'"' on either side of a cen�erline for a totai width of 50 feet. The
right-of-way shall be aligned between the two parcels created by the
land partition. The aenterline may be established �o follow the
property line between the subject property and Tax Lot 100 0£ 1>1
33DB. At 130th Avenue, the cen�erline shall align witt► the existing
centerline of Hawks Beard Street. The dedication 8ocument shall be on
, City forms and approved by the Engineering division. Dedication forms
' and instructions are available fcom the Engineering, division. STAFE
CONTACT: Jon Feigion.
Based upon the discussion above, the Planning Director's designee approvres
SDR 88-25 subject to the following conditions. The following conditions
shall be satisfied prior to issuance of building permits.
1. The southern apartment complex access shall be impcoved to provide
increased capacity since only one access is to be used instead of the
two required. Improvements shall consist of widening the access at
135th Avenue tn 28 feet, curb to curb, and constructing 20-fout radius
curb returns on either side of tt�e access, The apron sha.11 be
lengthened to decrease the slope from the gutter to the right-of-way
• line. STAFE CONTACT: Gary Alfson� Phone 639-4171. '
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2. The northern apartment complex shall have a minimum of three accesses
to a public street in accordance with CDC 1�.108.070� of which no more
than one access shall be directly to 135th Avenue. STAF'F CONTACT:
Gary Alfson.
3. The area below the 100 year flood plain elevation shall be dedicated
as greenway - open space to the C'ity. A monumented boundary survey
showing all new title lines, prepared by a registered professional;
land surveyor, shall be submitted to the City for review and approval
prior to recording. STAFF CONTACT: Jon Feigion.
4. A permit or evidence demonstrating compliance with State, Federal, and
local. environmental regulations shall be obtained by the appin.cant and
a copy shall be provided to the City (Authority: Tigard Municipal
Code� Chapter 18.90) prior to issuance of a building pern►it. STAFF
CONTACT: Keith Liden. Phone 639-4171.
5. The applicant shall provide for roof and parking lot rain drainage to
the public stormwater drainage system or by an on-�x.�.e system designed
to prevent runoff onto the adjacent property. STAFF CONTACT: Brad
Roast� Phone 639-4171,
6. The applicant shall obtain written approval from Unified Sewerage
Agency of Washington County to connection to the sanitary sewer trunk
line prior to issuance oF Public Improvement Permit. STAFF CONTACT:
Gary Alfson.
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7. Standard two-thirds-street improvements, including concrete sidewralk,
driveway apron, curb, asphaltic concrete pavement� sanitary sewer. I
storm drainage, streetlights and underground utilities, shall be
� designed along the northern frontage of the apartmen� site.
� Zmprovements shall be designed and constructed to local street
standards and shall conform to the alignment of existing adjacent
improvements or to an alagnment approved by the City Engineer. The
totsl pav�d s�ridth shall accommodate trav�l in both directions and be a
mina.mum of 24 feet wide Erom face of curb to �dge of pavement. The
installation of said improvements are included as part of Cond'ations 8
and 9 belo�r, and they may be completed after building permit issuance.
8. Seven (7) sets of plan and profile public improvement construction
plans and one (l.) itemized construction cost estimate, stamped by a
Registered Pcofessional Civil Engineer, detailing all proposed public
improvements steall be submitted to the Engineering division for
approval. Two (2) sets of plan and profile plans shall be submitted
for prelic�ainary review pr�or to submittal of £inal plans. STAFF
CONTACT: Gary Alfson.
9. Constnaction of proposed public improvements shall not commence �xntil
after the Engineering division has approved public improvement plans.
The section will require a 1009� performance assurance or letter of '
commitment, an developec-engineer agreement� the payment of a permit
. � fee and a sign installation/streetlight fee. Also, the execution of a
• street opening permiE or construc�ion compliance agreement shall occur
prior to. or concurrently with the issuance of approved public
�
i
DTOTICL OF DECISION - SDR 88-2�/lQ.P 88-16 - GRABHOR�1 - PAGE 11 i
I
i�.
improvement plans. Alternate methods for the guarantee of public
improvements shall be approved by the City E�ngineer. STAFF CUNTACT:
Gary Alfson.
10. The proposed privately-operated and maintained p3rking lot and/or
rmndway plan-prufile and cross section de�ails shall be provided as
past of, the public improvement plans.. STAF`F C�NTI#CTs Gary Alfson.
11. Street centerline monumentation shall be provided as followss
a) Genterline I�onumentation '
1) In accordance with Oregon Revised Statutes 92.060, subsection
(2) , the centerlines of all street and roadway rights-o£-way
shall b� man.umented before the City accepts a strept
imp
rovemen
t.
2) The following centerline manuments shall be set:
A) All centerla.ne-centerli.ne intersection points,
B) All cul-de-sac center points.
C) Curve points, beginning and ending points fP.C.'s and
P.T.'s).
b) Honumen�, Baxes Required
1) Monument boxes conforming to City standards will be required
around all centerline inte�section poin�.s and cul-de-sac '
, center points.
_;
2) The tops of all monument boxes will be set to finished
pavement grade.
STAFF CONTACT: Jon Feigion.
12. The proposed paved pedestrian bike path along the north side of the
� wetland area shall be� installed with a minimum wtidth of 8 feet and
shall be constructed to City standards. Plans for this path shall be
submitted as part of the public improvement plans outlined in
Condition 8 above. STAFF CONTACT: Gary A1�'son.
13. The revised landscaping plan sha11 be submitted which is consistent
with visual clearance and buffering requirements in Chapters 18.100
and 18.102 of the Community Development Code. STAFF COl�TACT: Keith
Liden.
ia. An acborist's report shall be submitted which mutlines which trees ace
to be preserved and the methods by �hich they will be protected during
and after construction. Staff recommends that this be accomplished
with a field visit involving the developes, a staff inember, and the '
arborist to adequately identi£y the trees. STAFF CONTACT; Keith Liden.
NOTICB OF DECISIODT - SDR 88-25/MLP 88-16 - GRABHOR�i - PAGE 12
,
1S. Fencxng with a minimum height of 8 feet shall be installed around the
drip line of all trees proposed for retention prior to any
construction on the site. The fencing shall be ins�ected and approved
by the consulting arborist and the Planning Division prior to permit
issuance. Any later land cl�arin� wock within the drip line shall be
perforntQd by hand. A quaLified arbarist shall inspect the site at a
mznimum of one time per week during� construction to ensure that the
tree preservation program outlined in the above-mentioned arborist•s
report is being followed. sTAFF CONTACT: Keith Liden.
16. Tree removal permit shall be obtained prior to any tree reznoval on the
site. Removal per►nits wi11 not issued for trees designa�ed for
protect.ion in the approved arborist's report unless suf€icient cause
.
is verified by the consulting �rborist. STAFF CONT.ACT: Keith Liden.
17. A revised site plan shall be submi�tted for Pla�.ning Director•s
approva�l which includes the follos�ri.ng items:
a. Location of an east-west local stceet in the vicinity of the
northern boundary of ttae proposed pro3ect.
� b. Nine.handicapped spaces within the development. ;
c. Turn radii and access requirements shall be revised to satisfy '
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Washington County Fire District standards. ;
i
d. A 30 foot building setback shall be provided along the eastern
boundary of the property.
e. There shall no encro�.c4�ment witttin �he ioientified wetland area for �
either fi11 ar construc�ion.
�
S�AFF CONTACT: Keith Liden.
18. The applicant �hall comply with the aetter of agreement dated November
29� Z968 between Centroa� of Or�gon ax►d Brittany Square II with the
exception of item no. 4 contained in that letter. No. 4 is not
enforceable by the City. STAFF CONTAC'�: Keith L,iden.
Prior to an issuance of an occupancy permit for any new buildings on the site.
the following conditions shall be met to the satisfication of the Planning
Divxsion. STAFF CONTACT: Keikh Liden.
s
18. All landscaping materials� permanent fencing, arxd other proposed site
improvements shall be installed as per the landscaping and site plans.
19. A sign permit shall be obtained prior to tkie erection of an
'on si n. Si n location and size must be in accordance
identificati g g
with provisions o£ Section 18.iia of the Community Development Code.
EXE ED WITHIN ONE YEAR OF THE FINAL
THIS APPROVAL SHALL BE VALID IF RCIS
. APPROVlII. DATE. �
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ii
DTO�ICE OF DBCISION - SDR 88-25/!!LP 88-16 - GRABHOReT - PAG6 13
�;
�. _ _ .._.__.. ,.....
�;
D. PROCEDURE
1. Notice: Notice was published in the newspaper, post�d at City Hall
and mailed to:
XX The applicant & owners
XX Owners of record within•t�e required distance
XX The affected Neighborhood Planning Urganization
XX Affected governmental agencies
2. Final Decision: THE DECISION SHALL BE FINAL ON January 3, 1989
UNL�SS AN APPEAL IS FILED.
3. Appeal: Any party to the decision may appeal this decision in
accordance with Section 18.32.290(A) and Section 18.32.370 of the
Community Development Code svhich provides that a written appeal must
be filed with the CITY RECURDER within 10 days after notice is given
and sent. Appeal fee schedule and forms are available at Tigard Citgr
Hall. 13125 SW Hall Blvd. � Tigard� Oregon.
The deadline for filing o€ an appeal is 3:30 P.M. Januarp 3. '1989.
4. Questions: If you have any questions� please call th� City. of Tigard
Planning Department, Tigard City Hall, 13125 SW Hall. Blvd. o PO Box
23397, Tigard, Oregon 97223, 639-4171.
_r �
PREPAR D BY: Keith Liden, Senior Planner D TE APPROVED '
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To r1I�LIC_� ►
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�TOTICE OF D6CISION - SDR 88-25/lII.P 88-16 - GRABHORbi - PAGB 14
_ ___ _ �
LAND USE DECISION APPEAL FI�ING FORM ' �
7he City af Yigard supp.u�ts the citizen' s right tu �,, �
,�,.,
participate in local government. Tigard's Land Use �'���j����
Code i;herefore sets out speciric requirements fur
Filing aqpeals an cer�airr land use decisians.
The fulluwing fot^m h�s been developed ta assist yuu in ORE�N
filing an appeal uf a land use clecision in prupea^
furm. To determine what filing fees will be required
or t�i answ�r any quc�stxons yuu have rec�arding the
app�al process, ple�se contact L-he Planning Division
or tPie City Rec�rder at 639-A171.
1. APPLICATION BEING APPEA�.EA: 5 !T� d�J��AOM�-ivj' �V�L�k� S�Da. 88-��
V1tilND+L,. i,h'w� pR�-TeZttJrt� YMLiQ �8 ^L6
2. HOW DO YOU QUALIFY AS A PARTY: D�1/L'-�D,A�/L ^ G.E'-fV'Z'�N�J OF O�t2F,,�o�
LO/l-/OL-�d'1 d,'V
3. SPECIFTC G6�OUNDS FOR APP.EAL OR REVIEW:
GtTY at° 7�'c�A�d 1l)oT«.� oF ��cStaw - AP�°K�vE�
0 /�''C� `2 (Z Z.f��j
G LO v�U ti.S �i K- /4-��PCc.¢L :. �lA L� ZS B ^l�o
f�� ♦o . �r�c-.���cf �
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4. SCHEDULED DATE DECISION IS TO BE FINAL: �7"q�JV i41L� ,3�, /q� L '
5. DATE NOTICE OF FINAL DE S�ON WA GIVEN: 0�� iZi �Y g�
G�"h/'t"�L� a� c�ts�-c�a�
6. STGNATURE(S): �L_T �,p�Cp�,¢i}Tio�c.�
�Ht-��x•�(-x•�(-1H(�E9HE�l-N-)Eit-K-��I(-xiHt-1t�HF��k�HHE-x-K-)E��(-�9E-xah�x-x��(��(-x��E�IE•x��t�(aE�x-x��(�•k-IHE�E��(-N-lt���(-k-x-N��1-N#-x-1E�HE�x^Kat•�E
FOR OFFICE USE ONLY: Received By�, (,vh�F��fi�i-, Date: ��3 /�� Time:����'Y`' �
Approved As To Form By: �' �� ���y��_ Date:�,3. /�q Time:�:�„-,.
Qenied As To Form By: Date: Time:
��1(-xiE-Ka(-x��(aHE�1f��)k�k-1E�x-)E�l-NiEit�E��(-k-k��l-x�F�Hli(-x-xiEll�9HE�tdE�I���Hl-K-��(-!f-x��H(-N-�-x•�(-�9HE�t�K-)E�1E�•1�aE�E�x-x•jHt�k-���•1Ht�(-x�3E
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13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
_ . _ _ _ _
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�� �;'�RE MARSHALS OFFICE r;
�vashingtc�n County Fire DiStrict N�: 1 �'�
Cit of Beaverton Fire De artment � ;
.� 0'
Tv�iafin F�u��l Fir� Prot�c pt�n GiStriLi `'
,
4755 S.W.Griffith Drive • P.O.Box 4755 • Beaverton,Oregon 97076 • Phone (503)526-2469
January 5, ].989
,,:.�.;,,,�.:i•fi'�t/7�1NQ �'
geith Liden JAN 101989 '
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City of Tigard Plannin� Division s,
P.O. Box 23397 �
;
Tigard, Oregon 97223
RE: Fir Crest Court Apa�tments
Formerl�: WCPM 1S1 33 acre, TL 8000 3
MLP 58-16, SDR 88-25
Dear Keith:
Fire District would highly �ncourage and support t�ie city for the
installation of a pub�ic street alang the north property �.ine of the above
captioned project located along section line 89' S4' 13"E. This would not
only give bettex emergency access to the apaitments located for this
development but a�so would give better and more con,figurations of access to
th.e adjacent property north, as We1i as the properties lying east of the Fir
Crest Apartments. Whenever possible, the Fire District encourages through
public streets to be installed. Not only does this give great�r
possibilities of emergency vehic�.e access and response but in many cases wi�l
reduce response times critical for life and property protection.
If I can be of any further assistance, please feel free to call me at 526-
250�.
Sincerely,
�'�� .
Gene Birchill
Deputy Fire Marshal �i:
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�••• •�'`•• •••� INIIIC�TF TWA STMV MOpIKE
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CiTY OF TIGARD
Waehington Countye Oregon
90?ICB OF FI1aL QRDStt - B]C PL�iIBG A�I�SIOB
1. Concerning Case Number(s): V 88-43 (SCL) 'I
2. Name of Owner: Chevron USA Inc.
Natne of Appl�tcant: Chevron USA Inc.
3. Addresa PO Box 220 City Seattle, State WN. Zip 98111
4. Addreee of Property: 11747 SW Pacific Hiqhwav
Tax Map and Lot No(s).: WCTM 1S1__36CD, lots 1001 and 1001-A
5. Request: For anproval of a variance to allow a freewav-oriented sivn
that is anvroximatelv 210 feet from the Hiahwav 217 riaht-of wav where a
maximum setback of 200 ie reauired Also a variance to allow two
freeetandina aians on one street . frontaae. Zonina: C-G (General
Commerc�.al).
6. Action: � Approval as requeeted
XX Approval of. a Sign Code Exception with conditiona.
XX Denial of the Variance requeets.
7. Notice: NotiGe was published in the newspaper, poated at City Hall,
anei mailed to: ;
XX The applicant and owner(a) ':
XX Owners o�E record within the requirec3 dietance
XX The affected Neighborhood Planning Organization (
XX Affected governmental agenciee
S. Fir�al Decision: T� D�CISION SHALL B$ FIN1�L ON Februarv 21, 1989,
DNLBSS 1!N �PPE�I. IS FILBD.
�he adopted findinge of fact, decision, and etatement of conditiona can
be obtained from the Planning Department, Tigard City Hall, 13125 SW
Hall, P.O. Box 23397, Tigard, Oregon 97223.
9. Avueal: Any party to the deciaion may appeal this decieion in
accordance with 13.32.290(A) and Section 18.32.370 which provides that w
a written appeal may be filed within 10 daye after notice is given and
sent. '
;.
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Tbe deadlin�e for �ilinq of aa appeal ie February 21. 1989
�,
10. Queetionss If you have any queatione, please call the City of Tigard }
Planning Department, 639-4171.
;
!,
dj/V88-43PH
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aquare foot sign where the Code allowe a maxi.mum sign area of 90 square
iEeet; and 3) to perm3.t the continued uee of two freeatanding aigns (�
logo and a price eign) where the Code allowed only one freestanding
sign. The application wae approved with the following mod�ficationt�s 1)
The applicant was xequired to redu�e the exi�ting sign height to 35
feet; 2) the aign area was to be reduced to 112.5 aquare feet per face;
3) the existing price sign wae to have been removed �s a conc�ition to
retaining the larger siqn; and 4) the larger, noaconforming freestandi�rr.g
sign wae allowed to remain no later than March 20, 1988. Sign perm�te
were also �equirecl.
Tlxe applicant made a motion to app�al the deciaion to the City Council,
however, Planning etaff urged the applicant to wait for pex�ding changes
to the sign code which might affect the subject signage. Th�s applicant
later aigned a voluntary compliance agreement to bring the eigns a.nto
compliance with the sign code upon city notification of the adoption of
the zone ordinance amendment. Notification was mailed in, Segtember, 1988
regarding the methods of bringing a nonconforming eign into compliance.
3. Vicianity Information
Properties located immediately to the west (the GM Training Center), the
north snd east are zoned C-P (Commercial Profeeaional). Proper�ies to
the north and eaet and thoae to the northeaet are developed with �ingle
family residenceg. The Pacifia Crosaroada shopping center, zoned C-G,
lies further to the eaat. The Pacific Highway right-of-way and
properties zoned and developed as C-G li.e to the south of the property.
4. Site Information and Propoeal Description
The parcel containe a Chevron, USA service station. The existing Chevron
logo and price eigns are located 22 and 7 feet back frGm the front
property line respectively and are near the southern property line.
Becauae of the 22 foot aetback, the Code wo�ld allow a maxim�,un sign area
of 90 square feet per sign face for the large logo sign. A second
freestanding eign can be allowed through a sign code exception
procedures. Immadiately adjacent to the aiqne is a large lancisaa.ping
berm on the General Motors property.
The applicant wishes to receive a variance approval to include the
Chevron property ae being eligible for a freeway-oriented sign as
provided in Title 18.114 of the Code and to have the logo aign
conaidered as a freeway-oriented eign. The exiating price sign will be
removed and a new 15' 5" high freestanding sign is propoaed to be
erected along the 5W Pacific Highway fr�ntage. The Code allows only one
£reeetanding sign per �treet frantage unl�ss an exception ia granted.
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The logo sign's preraent arientation is towarda PaGific Highway. The
app].icant praposes to change the orientation sa that the aign faces the
Pacific Highway exit/on ramp.
5. Agency and NPO Commente
The City �uilding and �ngineering Divisiona, th� Oregon State Y�ighway
]Divie�ion, Portland GeneXal Electric anci General Telep�one have all
reviewed the proposal and have no ob�ections to i�. Gener�l Telephone
asks that it be aalled before any digging begins so that cables can be
located.
The members of Ne�.ghborhaod Planning Organization S have revi�ewed the
propoeal and all members were in agreement about allowing the logo sign
to be appraved ae a freeway-oriented eign. Some members of the group
felt that the secand freestandinc� price sign should be smaller.
No other camments ware received.
B. FINDINGS ,AND COIdCLUSIONS
Section 18.134.050 of the Code containa criteria whereby the Commiasion
can approve, approve with modificatio�.e or d�ny a var3.ance requeait. Theg
arez
(1) The propoaed variance will not be materially detri.mental to the
purposes of thie Code, be in conflict with t2ae policiee of the �
Comprehen�ive Plan, to any other applicable policies of the �
Compreheneive Plan, to any oth�r applicable policiea a;nd etandarde, i
and to other propertiee in the eame zaning dietr3.ct or vicinity. �
(2) There are special cxrcumetances that exiet which are peculiar �
to tlxe lot size or shape, topogxaphy or �sther circumstances over
which th� applicant hae no aontrol, and wtiich are not agplicable
to other properties in the same zoning district;
(3) The use propoeed will be the Bame as permi.tted under thia Code
and City atandards will be maintained to the greatest extent i
possible, while permitt3.ng e�ome economic use of the land; i
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(4) Exieting physical and natural eystems, euch ae but not 3.imited �
to traffic, drainage, dramatic land forms or parks will not be
adversely affected any more than would occur if the developaaent ;
were located as speci.fied in the Code; and ��
(5) The hardehip ia not self-impoeed and the variar�ce requeated is
the min�aum variance which would �l�lewiate th� hardship.
gIN71L ORDSR 1�0. 89-03PC - R7ISMQSSSIi C�VROM - V 88-43 P71G8 3
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1. Varian�e to the freeway-oriented sign map
During the revision of the sign code in 1988, it b�came apparent that a
need existed for special definit�.ons and standards for a new �ign clasa, ,
name�y, freeway-oriented signs. The idea was to allow freestandinq signs ',
which met cert-ain criteria for aciditional hei.ght and e�gn area for
incroased viaibility along Hiqhway 217 and Interstate Highway 5. These I
standards are now contained in Code Section 18.114.090(e) . I
Over a course of several public hearings with the planning Commission,
several possible permutations of freeway-oriented aign qualification I
etandarda were presented to the Commieaion. The final adopted version I
included all propertiee within 200 feet of either the Higlxway 217 or the I
I-5 right-of-way, This distance was expresaly atipulated to avoid
potential instancea where a property would be entitled to a freeway-
orien�ed aign when it was not close to the freeway right-of-way. A£te�e
the Code reviaions were adopted by the City f:ouncil, st�ff instructed
the cartographer to prepare freeway-oriented sign maps which were to
show an area within 200 feet of the right-of-way runniYYg parallel to �he
freeways. The end reault waa a map which did not include the subject
parcel or its 45 foot tall Chevron logo sign. (aee at�a�ched figuz�e) . The
eubject parcel is separated from the freeway to the immediate west by
some 350 feet of General Motors property. It is approximately 220 feet
to the freeway entrance/exit ramp boundary to the southweat.
The Commiasion believes that a variance to include thia eign as a
freeway-orienter� sign is not appropriate becauae of the eign's almoe�t
total lack of visibility along �Iighway 217. 'Phe �existing logo sign is
visible by northbound motorist� on Highway 217 only once the Paci.fic
Highway exit �amp has been entered ar passed on Iiighway 217. It ie not
visible at all by motoriats traveling aouth on Highway 217. The sign is
visible by southbound aiotorista traveling on Pacific Highway beginning
at approximately SW 71et Avenue to the western boundary of the Fred
A�ieyer property. From there it is obscured by treee and utility lines
until SW 78th Avenue. From there �he sign is clearly vieible until one
is at the property. From downtawn migard northbound on Pacific Highway,
one cannot see the eign until one is croseing over Highway 217.
The Commiasion denies this variance primarily for two reasons. Firat,
since the aign is not viaible from the freeway, additional sign aize as
a freeway oriented aign is not consietent with the purpose of this Code
provisinn. Second, since there do not appear to be any unique or
unusual circumstances pertaining to �his property, approval of thia
request could s�t a precedent to inappropriately all.ow overeize signs
through the use of freeway-ariented eign standarda.
The previous sign code exception approval haa alreasiy expired. This
varianae is deni.ed by the Commisaion, however, a sign code exception to
allow a maximum height of 35 feet and a sign area of 112.5 square feet
per face as previously allowed in the deciaion �found in SCE 87-03 is
appropriate. The exieting price eign ehould be required to be removed
as a condition to retaining the larger eign. Sign permits should also be
required.
FINPiI, ORDBR I�O. 89-03PC - RASIiUSS�i C�VRON - V 88-43 P� 4
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2. Second freestanding sign
The next iesue to be reaolved centers on the dimenaians of the second
freeetanding eign and whether to allow two freestanding signs on an
interior lot. During the recent code revieions, sign code ex�c�ption
provisions (Section 18.11�4.145(a) (5) ) were added to allow two
freestandinq aigne on one interior property provided both signs do nat
exceed the usual area and height requirements of the Code in cotnbination
by more than 150 or 130 percent respectively. Therefore, the Code
containe built-in biases in favor of s��naller aigns.
It appears that the dimensions of the two signa could not mee� the
coml�ined area standards required by the above exc�ption ariteria (90
equare feet x 150� = 135 aquare feet total/175.5 square feet prnposefl).
The Commiesion eees no juatification for granting additional aize for
either of t?ne signs and the seconri price aign ahould be approved in
accordance wfth the sign code exception criteria cited above. The total
h�ight of the proposed eic�ng exceeds the atandard contained in Section
18.114.145(a) (5) . The height of ths logo sign of 35 feet can be
justified as determined by the Commiseion's decision on SCE 87-03. The
Commiasion agrees with the staff interpretation of the Code which
calaulates the allowable height of the second freestanding sign in the
following manner:
Primary (existing logo) eign - 22 faot heigh� normally permitted
Total �ign t►eight (2 eigns) - 22 £t. x 130� = 28.6 ft.
Allowable height for second - 28.6 ft. - 22 ft. = 6.6 ft.
sign
The Pl.anning Com�nieaion denies the proposed variances to the eign code
and approves a sign code exception to allow a maximum height for of ths
logo aign of 35 feet per the Commiae�on's previoue decieion, a s�econd
freeatanding siqn with a maximum height of 6.6 feet, and a maximum sign
area (per aide) for both eign� of 135 square feet.
C. DECISION
The Planning Commission denies Variance V 88-43 and approves a Sign
�ade Excepti.on SCE 89-02 subject to the following conditions:
]lLI. t70I�TTDITION3 SHALL BB SATISFISD BY l�RCH 31, 1989 AT 3:30 P.Ii.
1. The applicant shall reduce the height of the large Chevron logo aign
to a maximum of 35 feet.
2. The applicant shall be required ta remove the exieting price eign
prior to the erection o�f the new sign. Should the new sign not be
erected thia sign must etill be removed.
FII�L ORDBR NO. 89-03PC - R�lSl�i[TSSgN CHBVRON - V 8$-43 P�GB 5
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3. The applic�nt shall be allowed ta erect one additi.onal freeatanding
sign in accordanc� with the s�xbmitted aign plans with a maximum
height of 6.6 feet.
4. The total area p$r side of t�ye two freestanding signs ehall not
exceed 135 sqixar� feet, for a grand total sign are� of 27D equare
f�et.
5. A sign permit ehall be obtained for th� a].ter�d logo aign, the new
free�tand�.ng eign and for all other exietirig siynage on the site.
It is furthex ordered that the appZicant be notified�of the entry of this
final order.
PASSEDs This �, of February, 1389, by the Planning Commiesion of
the City of Tigard.
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Tigard Planning Commissiorx i
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FIN2lL ORDBR NO. 89-03PC — Rl�BM[TSSSI� CE�VRO�N - V 88-4� pMiE 6 �
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TIGARD PLANNING COMMZSSION
FIIdAL OFtDER 89-03P'C
A FINAL ORDLR INGLUDING FINDINGS }�IJD CONCLUSIONS FOR THE DENIAI� OF A VARIANCE
(V �5-43) AND APPROVAL OF A SIGN CODE EXCEPTION (SCE 89-02) REQUESTED BY
RASMUSSEN CHEVRON.
The Planning Cammis�ion reviewed the above applications at a public hearing on
January 24, 1989. The Commission based its decieion on the facts, findinge,
and conclusions noted below.
A. FACTS
l. Genaral Informa�ion
CASE: Variance V 88-43
REQUEST: For approval of a variance to allow a freeway-oriented sign �
tYaat is approximately 220 feet from the Highway 217 right-of-way where a
maximum eetback of 200 feet ie required. Also, a variance to allaw two
freeatanding signs on one street frontage.
COMPI2EHENSIVE PT,AN DESIGNATION: Commercial General
ZONING DESIGNATION: C-G (Commercial General)
APPLICANT: Chevron U5A, Inc. OWNER: Chevron USA, Ync.
P.O. Hox 220 Property Tax Divieion
Seattle, WA 98111 P.O. Box 7611
San Francisco, CA 94120
LOCATION: 11747 SW Pacific Highway (WCTM 1S1 36CD lots 1001 and lOQl-Pa)
2. Backqround Information
The subject property became part of the City as a result o� the original
incorporation in 1961. A aign permit application but x�o recard af a
permit for the larger exieting freestanding eign exiets in the City
records. The eign is almost 45 feet high. Other permita for two wall
signs were issued in 1972. A second price sign, meaeured by ataff as
being 15 fest a inches high atands close to the taller sign. No permit
can be found for this second price sign.
Tn December, 1987, a final order was signed by the Planning Commiasion
Fresident for a sign code exception approval (SCE 87-03) for a
freestanding sign proposal similar to the one found in this application.
The �equest was for . i) continued uae of an existing 45 foot high
freestanding aign whe�e the Community Development Code allows a maximum
of 22 feet; 2) to retain the existing 322 (161 eq. ft. per eign face)
FINAL ORDffit NO. 89-03PC - R�SI�[[IT838N CI�VRO�i - V 88-43 P2liGB 1
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STAFF REPORT �� AGEPII:r tTEM 5.2
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TIGl�RD PLANNING COMMISSION
JANUARY 24, 1989, 7:30 PM
TIG�lRD CITY HALL - TOWI�Y HALL
13125 SW H1�LL BLVD.
TIGAI2U, OREGOId
A. FACTS II
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1. General Information I
GASE: Variance V 88-43
REQUEST: For approval of a variance to a11ow a freeway-oriented eign
that is approximately 220 feet from the Highway 217 right-of-way where a
maximum setback of 200 feet is required. Also, a varianc� to allow two
freestanding signs on one street frontage.
COMPREHENSI�IE PLAN DESIGNATIONe Commercial General
ZONYNG D"ESYGNATION: C-G (Comme.rcial General)
APPLICANT: Chevron USA, Inc. OWNER: Ghevron USA, Inc.
P.O. Box 220 Property Tax Diviaion
Seattle, WA 98111 P.O. Box 7611
San Francisco, CA 94120
LOCATION: 11747 SW Pacific Highway (WCTM 1S1 36CD lota 1001 and 1001-A)
2. Backaround Information
The eubject property became part of the City as a r�sult of the original
incorporation in 1961. A eign permit application but no record of a
permit for the larger existing freeetanding aign exista in �ur file. The
aign ie alm�st 45 fes� high. Other permi�s for two wall aigns w�re
igaued in 1972. A aecond price sign, meaeured by ataff ae being 15 fee�
5 inches high atanda close to the taller aign. No permit can be found
far this aecond price sign.
In December, 1987, a final order wae eigned by the Planning Commiasion
President for a eign code exception approval (SCE 87-03) for the esme
freestandi.ng sign proposal found in this application� The requeat waa
for : 1) continued use of an exiating 45 foot high freeatand3ng sign
where the Community Aevelopment Code allows a maximum of 22 feet; 2) to
retain the existing 322 (161 sq. ft. per sign face) square foot sign
where the Code allows a maximum aign area of 90 squ,are f�et; and 3) to
permit the continued use of two freestanding aigna (a logo and a price
sign) where the Code allowed only one freeatanding sign. The applicati.on
was approved with the following modificationa: 1) Th� applicant was
STAFF REPORT - RASMUSSEN CHEVRON - V-88-43 - PAGE 1
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re�quired to r�duce t�; exiating sign height to 35 fe�•, . 2) the sign area
was to be reduced to 112.5 �quare feet per face; 3) the existing price
sign wae to have been removr�d as a condition to retaining the larger '
�ign; and 4) the larger, nonconforming freestanding eign was a1low�d to
remain no later than March 20, 1988. 5ign permita were aleo required.
The ap�licant made a mation to appeal the de�ieion to ths City Co�incil,
t►ow�ver, Pl�nninq staff urged the applicant �o wait for pendinq aHange�
to the sign code which might affect the eubjc�ct signage. The applicant
later signed a voluntary compliance agreement to l�ring the signs into
counpliance with the eign code upon city nutification of the adop�ion of
the zarxe ordinance amend�nent. Notification wa� mailed in Septemlaer, 1988
regaxding the methods of bringiag a nonconf'orming eign into compliancs.
3. Vicinity Information
Properties lncated i.mmediateLy to the w�st (the GM Training Center), the
north and eaat are zoned C-P {Commercial Prafeesional). Propertiea to
the north and east and those �o the northeast are developed with single
family residencee. The Pacific Crosaroade shopping center, zoned C-G,
lies further to the east. The Pacif3.c Higtaway r3.qht-of-way and
pxoperties zoned and developed as C-G lie to the eouth of the property.
4. Site Infarmation and Proposal Deecription
The parcel contains a Chevron, USA eervice etation. Ttae existing Ch�vron
logo and price eigns are ].oc�ted 22 and 7 feet ba�lc from the front
property line respectively and are n��r thQ aou�.hern property Zine.
Becauae of the 22 foot setback, the Code would allow � maxi.mum sign are�
' of 9Q square fe�t per afqn faee for the large logo sign. A second
' freeatanding sign can be allowed through a eign code exception
' procedures. Immecliately adjacent to the sic�ns is a larqQ landeaapinq
bexrn on the General Motdrs property.
The applicant wiahes to receive a v�risnce appxoval to include �he
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I �hevron property as being elic�ible far � fre�way orien�ed sign, as
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rovided in Title 18.114 of the Code and to have the loga ig
congidered as a freeway-oriented eign. The exiating price aign wfll be
emoved and a new 15' 5" hi h freeatandin si n ia ro sed t� be
r 9 9 9 P Pa
erected along the SW Pacific Highway frontage. The Cod�e allowa only one
freestanding sign p�r street frontage unleee an sxaeption ie granted.
The� logo sign's present orientatie�n ie towards Pacific Highway. The
applicant proposea to chanqe the orientation so that the sign facea the
Pacific Highway exit/on ramp.
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STAP'�' R�PORT - RASMUSSEN CEiEVRON - V-88-43 - PAGE 2
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5. Aqency and NPO CG;� _nte „ i
The City Building and Engineering Divisions, the Oregon State Highway I
Divieion, Portland General Electric and General Telephone have all
reviewed the propoeal and have no objections to it. General Telephane
aeks that it be called before any diggir�g begins so that cables can be I
located.
The membsrs of Neighborhood P1a�.ning Organization 8 have reviewed the '
pro�w�al and all membera were in agreement about allowing th� logo eign
to be approved ae a freeway-oriented eign. Some membere of the group
felt that the aecond freeatanding price aign should be smaller.
No other comments were received.
B. FINBINGS AND CONCLUSIrJNS
Section 18.134.050 of the Code contains criteria whereby the Commiseion
can apgrave, approve with modifications or deny a var�.ance request. They
are:
(1) The proposed variance will not be materially detrim�ntal to the
purpoaes of thie Code, be in conflict with the policies of the
Comprehensive Plan, to any other applicabl� policies of the
Comprehensive Plan, to any other applicable policies and atandards,
and to other propertiea in the same zoning district or vicinity.
(2) There are epecial ciraumstancee that exiet which are peculiar
to the lot aize or ahape, topography or other circumatancea ove�c
whiah the a�plicant has no contral, and which are not applicable
to oth�r propertise in tlhe same zoni.ng distri�t;
(3) The use propoeed will be the �amg as permitted under thia Code
and City standards will be maintained to the greateet extent
possible, while permitting some eaonomic use o£ the land;
(4) Existing phy�xcal and natural eysteme, such as but not limited
to traf�ic, drainage, dramatic land forms or parks �will not be
adver�ely affected any more than would occur if the development
� were located as specified in the C�ode; and
(5) The hardship is not aelf-imposed and the variance requested ia
the minimum variance which would alleviate the hardship.
1. Va�iance to the freeway-oriented sign map
During the revisio� of the eign code in 1988, it became apparent that a
need exiated for a�ecial definitione and etandarde far a new sign clasa,
namely, freeway�oriented signa. The idea was to allow freeatanding signa
which met oertain criteria for additional height and sign area f�r
increased viaibflity alonr� Highway 217 and Interatate Highway 5. �heae
atandarde are now contained in Code S�ction 18.114.090(e).
STPS+'F REPORT - RASMUSSEN CHEVRON - V-88-43 - PAGE 3
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Ov�r a course of se� .al publlc hearings with the Pt�, .ining Commiasion,
several po�sible permutations of freeway-oriented sign qualification
$tandards �rere preaented to the Commiasion. The final adopted version
included all propertie� waithin 200 feet af either the I3ighway 217 or the ,�
I-5 right-of-way. This distance was expresely stipulated to aaoid
po�ential inat�nces where s property would be entitled to a fr�eway-
oriented siqn when it was nat cloee to the freeway right-of-way. After
the Cade revisions were adopted by the City Cauncil, etaff instructed
the cartographer to prepa�re freeway-or;Lented sign mape which were to
ehow an �rea within 200 feet of the right-of-way running parallel to the
fre�wa�s. The end reswlt was a map which did not include the subject
parcel or its 45 foot tail Chevron lago sign (see attached figure). The
subject parcel ie separated from the Freeway tc� the imanediate west bg
some 350 feet of General Motora property. Zt ie approximately 220 feet
to the freeway entrance/exit ramp boundary to the sauthweet.
Staff believes that a variance to include thie sign ae a freeway- '
oriented sign �is not apprnpriate because of the sign's almost total lack
�f vieibility alonq Highway 217. The existing logo eign ie visible by
northbound motoriets on Highway 217 only once the Pacific Highway exit
ramp has been entered or paseed on Highway 217. It ia not visible at all
by motoriste traveling aouth on Iiighway 217. The aign is vis�ble by
southbaund motorists traveling on Pacifi.c Highway beginning at
approximately SW 71st Avenue to the westernmoet boundary of the Fred
Meyer property. From there it is obacured by treee and utality lines
until SW 78th Avenue. From there the sign is clearly vieible until one
ie at the property. Frnm downtovan 7Cigard northbound on Pacific Highway,
one cannot �ee �he sign until csne is crosaing over Highway 217.
Staff reaommends denial of this varaance primarily for two reasons.
First, since th� eign ie not vieible from the freeway, additional sign
size as a freeway oriented eign is not coneistent with tha purpose of
this Code provision. Second, sincs there do not apgear to be any uni�ue
or unusual circumstancee g�rtaining ta thia property, approval of thie
request cou�d set a precedent to inappropria�ely allow overeize signs by
using the freeway-oriented sign atandards.
Tlae previous sign cade exceptian approval has already expired. Thue if
this variance is denied by the Commission, staff recommende approval of
a sign code excegtion ta allow a maximum height of 35 feet and a sign
area of 112.5 aquare feet per face as previously allowed in the decision
found in SCE 87-03. The existing psiae sign ehould be required to be
r�moved as a condition tn retaining �the larger sign. Sign permite should
also be requiredo
2. Second freeStandix�g sign
The next iesue to be reaolved centers on the dimeneions of the second
freeatanding eign and whether to allow two freeetanding eigns on an
interior lat. The Planning Commiesion ahould decide whether it pr�fere
a large amount of sigaaage on anly ane large eign or whether it wauld
prefer two aomewhat smaller signs. During the recent code revisiona,
STAF°F REPORT — R2lSMUaSEN CHEVRON — V-88-43 — PAGE 4
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e�atf add�d sign c�� exception pravisione (Sectioi� 18.114.145(a)(5))
for two freestanding eigns on one interior property provided both signe
do na� exceed the usuai �raa �z� �eigh� requiremente �f the Code in
com�ination by more than 150 or 130 percent respectively. Therefore, the
Code contains built-in biasea in favor of amaller �igns.
It appears that the dimensione of the two signs cauld not meet tho
combin�d area standarda required in the above exception criteria (90
square feet x 150� = 135 aquare feet total/175.5 square feet proposed).
Staff eees no juatification far granting additional aize for either of i
the eigns and so recommenda that i:he aecond price sign be approv�d in '
accordance with the sign code exception cri�eria cited above. The total
height of the propoeed signs exceeds the etandard contained in Section
18.114.145(a) (5) . The height of the logo sign of 35 feet can be
juatifi�d as determined by the Commiesion's deci�3.on on SCE 87-03. The
ataff interprete the Code a� follows to calculat� the allowabl� height
of the eecond freeetanding sign:
Pri.mary (exieting logo) sign - 22 foot height normally permitted
Total eic,�n height (2 aigns) - 22 ft. x 130� = 28.6 ft.
Allowable height for second - 28.6 ft. - 22 ft. = 6.5 ft.
aign
In clasing, the Planning staff recommends denial of the proposed
varian�ces to the sign code and aoproval of a sign cocle �xception to
al�ow a. maacimum height for of the logo sign of 35 feet pes the
Commis�ion's previous decision, a second freeetanding sign with a
maximum heighk o€ 6.6 feet, and a maximum aign area (per aide) for both
signs of 135 square feet.
C. RECOMMENDATION
The Planning Division re�ommenda denial of V 88-43 and approval of a
Sign Code Exception subject to th� following co.nditic�ns:
PiLL OONDITIO�Y.�i S821LL BB' SATISFIBD BY FSSFtIII�lRY 28, 198�1 AT 3:30 P.K.
1. ?he applicant ehall red�ce the heiqht of the large Chevron loqo eign
to a ma:imum of 35 feet.
2. Th� applicant ehall be required to remove the existinq price eiga
prior to the erection of the nev sign. Shauld �he new eign not be
erected this aiqn must stil.l be removed.
3. Tl�e applicant ehall be allawed to erect one additional freestandinq
eign in accordance with the sut�mitted siqn plans with a mazimum
height of 6.6 feet.
STAFF REPORT - RASMUSSEN CHEVRON - V-88-43 - PAGE 5
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4. The �ot�7. �rea per side of the t�ro ei�gas shall not� exceed 135 square
feet, for a grand total eign area of 270 square feet.
5. a sigrs permit �hall be �htaf.aed for the altsz� loqo siqn, the new '
freestandsing sign and for all other ezis�t.inq ei qe on the eite.
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ARED BYs Deborah A. Stuart, Aast. Planner APPRfJVED: Ke th S. L�.cien
Senior Planner �
STAFF REPORT - RASMUS3EN CHE�7RON - V-98-43 - PAGE 6
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� ° � � Phili�R.McCurdy,Architecr
8040N,E: ndy�BNd. Portland,O�e9on9'1213 (503)282-5477
" - _ _ November 29, 1988- - -- - _. � - - _ - _ . - - --
- - _ -- . - Mre Keith Liden - - � . " � - �
- _ Sen�or Planne.r �
Community Deve'lopment Department
13125 S.W. Hall B1vd. �
P.O. Box 23397 .
Tigard, Oregon 97223
Re: Chevron Sign Revisions, 11747 S.W. Pacific Highway,Tigard,
Oregon, Service Order No. 242-807, Job #87122
Dear Mr. Liden,
Attached is the application for three sign code exceptions on the above
noted property. The application includes:
1. One (1) applica�ion form.
2. Fifteen (1S) copies of plans denoting pr�posPd and new signage.
3o Fifteen (15) copies of the narrative explaining the sign code
exceptions. -
4. One (1) list of the names and addresses of all property owners
within 250 ft. of the property involved.
5. One (1) assessors map showing all properties with�n 250 ft. of
the property involved.
6. One (1) copy of the vicinity map.
7. Department of Justice Trade Practices and Antitrust Regulation.
Respectfully,
�� r2. M .
Philip R. McCurdy, Architect
PRM/shm
Attach.
copy: Mr. Don Forsman
,
� �,,
. �D PhNIi��Re Mc�C�u�dy9A3chitect
0
= ` _ : November _29, -1988 - -_ ` _ _ - - : - __ � _ .
� Mr. Keith Liden - -
Senior Planner
Commuriity Development Department
P.O. Box 23397
Tigard, Oregon 97223
Re: Chevron Sign Revisions, 11747 S.W. Pacific Highway, Tigard,
Oregon, Service Order No. 242-807, Job #87122
Dear Mr. Liden,
On behalf of Chevron USA, I am submitting the required documents and
drawings for design review and administrative variance approvals.
The Chevron sign request has been introduced to both yourself and
Deborah Stuart on P�Ianday, November 14, 1988. This meeting fulfilled
the pre-application conference criteria. I
- �
The requested variances are as follow:
A. Variance I: Classify the Chevron logo sign as a freeway oriented
sign. Code requires freeway ori�nted signage to be within 200 �
feet of Highway 217 right-of-way. The subject site is 210 feet
from Highway 217 right-of-way.
B. Variance II: Allow a second freestanding price sign on the same '
frontage �s the freeway oriented sign. Code requires the second
sign to be located on a separate frontage. The subject site
has only one frontage.
Attached are sign drawings of the modified logo sign and proposed
price signage for your review. A1so, I have included a photographic
survey of the facilities and approaches to this site while driving 99W.
The photographs show the unique site situation and facilities orient-
ation that document the need for the variance requested above.
PROPOSED DESIGNS AND REASONS FOR ADMINISTRATIVE VARIANCE
A. Variance I - Freeway oriented signage:
Proposed Design:
1. Reduce existing sign height from 45'-U" to .i5°-G" (code
allows 35'-0").
2. Maintain existing logo signage area of 145 sq. £t. per sign �
face. (Code allows 160 sq. ft.)
3. Turn sign for better freeway orientation.
Reasons for Variance:
1. The subject site was intended to be included as a qualified �
location for freeway oriented signage: '�However; the "freeway
� •� �
�:
� �
Mr. Keith Liden _
' . Page Two _ _ - '
_ _ - . November 29, 1988 - _ . . _ - _ -
- - - -- overlay zone -maps" indicate a bottndary that excludes the - _
- Chevron site, by -10' ± ! Per discussions with' staff�, this '
has been an oversite. - -
2. The Chevron site is directly opposite I-217 North bound '
exit ramp. The majority of business is generated from
customers exiting and entering I-217 access ramPs. �'reeway
exposure/signage is essential for the success of this facility
at this location.
B. Variance II - Second free standing sign on the same frontage as
the freeway oriented sign.
Proposed Design:
l. Add a Chevron price sign having a sign area of 30.5 sq. ft.
per face. Code allows 70 sq, ft, of sign area pez- face.
2. New price sign to be 15'-0" tall. Code allows 20'-0" maximum
sign height.
3. New price sign will be oriented towards 99W that is vis3ble
to and easily readable by a customer or potential customer.
(See Gasoline .9.dvertising Regualtions, as issued by the State
of Oregan, Dept. of Justice, attached.)
Reasons for Variance:
1. The subject site has only one frontage with t�ao orientations.
'The freeway oriented logo sign will be orien.ted towrards th�
freeway. The price signage t�xll. be ox�i.ented towards 99W and
the customer.
As you can see, the site situation is different than the typ-
icaT property at a major intersection with two frontageso
�. Price signage is necessary information for the customer and
potential customer. This tppe of signage is regulated by the
State af Oregon, Department of Justice, and requires such
signage to be visuble £rom a street or highway adjacent to
the place of business. (See attached copy ORS 646.930 and OAR
137-20-15Q to 137-20-160.)
3. The only effective location for such signage is adjacent to
the 99W right-of-way. Also existing topographic conditions
would block visibility af such signage in any other location. .
�
Ii you nave aiiy qi1�s�:iuiis ivi�ii ie�d�ds tu ti�e Subiuii.tals, plea�e
don't hesitate to contact this office.
Respectfully submitted, z
�� �� � s
Philip R. McCurdy, Architect
P12M/shm
Attach
w�
�
�:
I
� . �
�_ ^$�iD�.E P_RACTICES AND ANTIT 'TST REGULATION g46 • ,
�
846.930 Motor vehicle fuel prices; (4) Violation of ORS 646.915 is puniahable
requirements for displaY. (1) A person who by a fine not to ezceed$50. - _
� oper�tea a�ervice station,business or othpr plact- _ _ �5) Violation of ORS 646.920 ia puaiishable _,
- _ for the puspose of retailing and delivering gas= .- - by a fine not to e:ceed$50. _- - � � v li
o l i�e,d i e s e l o r o t h e r f u e l i n t o�t h e t a a l c s�f m o t o r - - -
- vehicies may display on a sign visible from the (s) �P��g'nalsting ORS 646.�30 comffiits � _ -
street the lowest cash prices c3�arged for the sale a Claea C misdemeaaor. (Am�aded by 1953 c.39Y-;2;
of all grades of gasoline,diesel or other fuel. lss7�.1+4 !2; 1���.sss!4;�ub�aC�ion(8)saact�d,as 1969
c.395 f 2: 1871 c.744 ;24; 1975 c.255 �15; wb�tion (31
(2) '!'be following apply to a eiga diffiplaying e��u is7s csss Sis(1); 1sa5 c.2s1 �28;sub�setioa(3) I
prices uader this sectina:
(a) The price per unit of ineasurement aad •�u 1985 c.�es8�Z(2);wbwetioa(4)enu.�t�d as 1985
the unit of ineasusement for a particular kind of c.468 S3 (3); sub..ccion (s) •nact.d a. ises c.4se �4 (2);
fuel must be the same Qn the sign as on any wb.�ccwn(e)enacs.d a.c.7s1 ii(4)l
dispensing device usedl for delivering that kind of g.�g,g.�Z Giwil penalties. (1) Any person
fuel into the tanks of motar vehicles. a,�O �vilfiilly violates the terma of an injunction
(b) If a cash price diaplayed on a ei� v ieaued under ORS 646.632 ahall forfeit and pay to
available only under some conditiona, the �iga the state a civil penalty to be set by the court of
and the dispensing device muat clearly state tha aot more than i25,000 per violation. For the
conditions. purpo�ea of this eection, the court ias�liag the
(cD �'a price displayed oa a aiga u available iajunchon slull ret�ia jurisdiction aad�e cause
only in a certain area of the aervice etation or �hall be continued. and in such casea the pms-
busineas, the area where the price dispLyed is ecutin8 attoraey acting in the n8me of the etate
available muat be clearly identified. miy petition for racovery of civil penalties.
(3)A persoa who diaplaye a caah price tbat is (2) Any pereoa who wilfully violates any .
available only under eome conditions may not provision of aa e�aurance of voluntary com-
requix�, as a condition of buying fuel at the plianca approved aad filed ovith an apP�P��
displayed price,that the buyer fill the fuel taak of court undes ORS 648.632 shell forfeit and p3y to
the buyer'a vehicl�. (Formedy s4e.875) the atatt a civil pe�xalty to be aet by the court of
846.93b Diesel t'uel sale�; yrice dis- � �� � i�,� P�r violation. Any pros-
criminatioa. (1)No p�rson operatisg e eervice ��S i��Y �Y �Pply t° an appr°pna�e
station selling ta the public at ntail diesel fuel, court for recovery of such civil peualty.
where delivery is ngularly m�de into a receptscle (3)In any suit brought under ORS 646.632,if
on a vehicle from which nceptacle the fuel is the eorart finds that a peraon ia wilfully using or
aupplied tc�progel the vehicle,shall nfuae to eell has �lfully used a method, act or practiee
aad deliver any quantity of such fuel to a�ny declgr�d unLwttil by ORS 6�G.607 or 646.608,the
vehicle during ngular business houn, upon prosecutin�attoraey,upan petition to the court,
demand and tender of the posted price plus any may raover,on behalf of the atate,a civil penaltY
applicable taz for such fuel delivered,subject to a to b�e�t by th�court of not ezceeding 325,000 per
rationing policy cstablished by state or federal � violatioa (i�ti a7��i�;i�ts�.�T�s;isrr�.iss fio�
statute or regulatioa
(2) A psice diffenntial or method of delivery
de�igned to diicriminate against or diuourage .
purchaaer by vehiclea of �mall fuel capacity is
pmhibited. However, a reawnabk discouat or
diffenntial beaed upon quantity of de�ivery shall
not be considered discriminatory.(Fo�.rly 618.880)
PENALI'IE9
646.�90 Peaalt3e�. (1) Each violation of �
sny of the provi,�ions of ORS 646a010 to 646.180
bY +�Y P��n� firm of corp�rstioa; •v�ether as
principal,eQeat,officer or director,v puaishabk,
upon conviction� by a l4�u of not le�s than s100
nor more than s500, or by imprisonmeat in the
county jail not e:ceeding siz mont}u,or by both.
(2) Violatioa of ORS 646.725 or 646.730 is a
Clas�A misdemeanor.
(3) VioLtion of ORS 646.910 u punishable
by a fine not to ezceed�50.
, , .
Y GA50LINE PiDVERTISING , •
Z 137-20-150
3 (1) DEFINITIONS: For purpos8s of OAR I37-20-150 to
4 137-2Q-160 the follo�ing definitions shall agply: ' �
$ taD "Retailer" means any person who operates a �ervi�e
6 station, business or other place for the purpose of retailing and
� daliverinq qasoline, diesel or other fuel into the tanks of motor
8 vehicles. -�
8 (b) "Di�played" means visible from a stseet or highway
10 adjacent to the place of business.
11 (c) "Clear and conspicuous" means in a. form that is
� readily visible to and easily readable by a customer or potential
1S customer who would be materially affecte8 by the information and
14 �eans in a location that a perscn who would be materially
15 affected by the information ought to have noticed the information
16 displayed.
1? � (d) "Full service" includes services su�h as washing
18 wind�hields, windows and headlights, eheckin9 fluid levels,
19 checkinq or adjusting ti.re pressure arad inspecting belts snd
� hoses but does not include a car wash.
Z� (2) ADVERT2SIINGz A retailer is not required to display
� prices charged for gasoline, diesel or ott�er fuel.
� ( 3) DISPLAYED PRICES: Except as provided in section i4) of
� this rule a reta�ler displayinq a prics for gasoline or diesel
� shalls '
� (a) Display clearly and conspicuously on each sign
� th� l��s�t C�$h "FZiC�. fe_ ��Ch -�_3�e. ef. aa-soline �g� die4�� f�el- •
_ � � 1 - GASOLINE ADVERTISING t -_ _ - . " _ _ T -- _+ - '
Department ot Justicq
Busiaea/Labor/Consumer Aitain Division >
Financial Fnud Sectioa
Salem,Ore�on 97310 ;
(608)378-4?3Z s
.
.
l _ _._ ..,. ..� - ,___ __._ .w.._..: u ..:
,
1 offered £or sale;, Each lowest cash prire �. played shall be the
, �. �ame size as all other prices displayed oe� the si�n. .
� - - (b) Identif clearl and �.cons. icuousl - �
: y y' p ; y -for each price - _
4 ' _ th�- grade�_o_f`_qas-oline� or _diese�l' �fu�I. - _ -- ` -- -- LL - _ _
b _ - - (c) � Arrsn e -a11 - _ _ � - . : - - - . _
g prices in. a mean,ingful- and� consistent
� order.
? (d) State alearly and coraspicuously on the dispensing ,
8 device and on the sign all conditions applying to the lowest cash
9 •price. Conditions limitfng the ca�h price on th� display must
10 com 1 with the followfn criteria.
p Y 9
il (A) All words or symbols of limitations or con-
� dition must b� presented in equal ��.ze anc� mu�t be
13 equally vbsible to the consumer;
14 (B) Al1 words or symbols of limitatforas or con-
16 clition must be no less than one-third the �ize of t�e
16 wo�ds or aymbols s�tting forth the cash pr�ce.
1? (e) Not display prices tor pr�ducts other than gaso-
18 line or rli�ss� fuel in a manner cr�ating a Iikelihood of con-
19 fusion o� mi�understandir�g with the price of gasbline or diesel
� guel.
�1 (f) Not char9� a customer more than th� amount
� registered on tha dispensing device or per unit than the unit
� price ealibrated on the dispensinq dev3ce, unleas the dispensing
� device is for di�sel �uel and at least 85 percent of th� fuel �
'� s�lci during the pr.eceec�in9 12 months by the retailer is dxesel.
� (9) Calibrate all dispensing devices in the same unit
, , � g� ��asr�rement.
� 2 - GASOLINE ADVERTISING
Departmeat of Ju�tica '
BusiaeM/I.abor/Consumer Atfain Divisioc �
Fiaaacfal Frayd Sectioa j
Bal�m,Or�oa 9?310
, (608)3�8-4?33 �
. _ �
1 . (h) Di� a the rice er unit of: �asurement ' anc3 the
{ Y P P
• '��. .
Z unit of ineasurement £or each type of fuel fn the same unit of
_. . 3� measurement as sfiown on the dispensing �evice. In the event -botti - • } '
�. 4 _cash .and credit sa�.es under a _discount for -cash� program are _ - _ . _ -- •
�" made from ttre sac�e dispensing device, a_sign. 3tating the �c��sh - � . -
6 price, and idenfiifyinq it as sucfi, at �east 2 inches in
7 hei ht m�s� be lared on the
g p pump face in the im�ecliate vici-
8 nity of th� metered price so bath may be obse�ved by the con- �'
� sumer at the same time.
10 � 4) EXCEPTIONS
al (a) A re�ailer who dis la s onl th�
p y y price of diesel
� for vehicles with P�C ermits and who se11s durin th�
p g preceeclinq
13 tw�elve (12) months at least 85 percent of its total fuel as
14 di�sel need not �omply with OAR 137-20-150(3) (a) through (e) .
la fb) A retailer who has a siqn axisting as of �7anuary
16 1, 1986, more than 20 feet in height as mea�urad from q=ound
�? leeel to the bvttom �f the aign must:
18 (A) Display clearly and conspicuou�ly c�n t�e siqn ,
19 the l,owe�t cas1� rice for the two
p predominant qrades of
� fuel which the retailer sells ko motor vehicle�. �''ar
�1 ur oses of this ssction, "pre�dominant "
p p qtad�s of fuel
� means the rades sold in the
9 grealkes�t volume during
� th• praceeding 90 d�ys.
u �
(H) Display rl�arly and conapieuously on a sign
� v;fsible �rom th� atreet the lowest caah price tor all �
� rad�s of
g 9asolin� or dfeael aold.
�
(C) Comply vrith all oth�s provisions af OAR
� �
3 - GASOLINE ADVERTISING
I)epartment Qt Justice �
Burine�r/LaborJConsumer Affain Divuion
' �'faaacial Frsud 3ectian �.
9+�1�m,Ore�on 97310
(603) S?8-4?3Z �
. �
�
�
1 137-20�' '0( 3)
Z (5) LIM�TATIONS: A rekailer dis la in
p y' g prices fo� a par�
� - ticula•r grade 'of gasoline or diesel shall: - - -
-" 4 _ - _ (a) I�ot _re ui,re -as a =condition of =bu _ - �
_ _ q ying fuel at-=the
a .displayed p�ice tha_t the buyer fill the fuel tank �f��,�he buyer°s - �^
6 vehicle or purchase a spscific qua�ntity or dollar amount of
? fuel. Tt�is section shall not apply to sales to trucke�s with PUC
8 permits. �
I 9
(b) Sta�te clearly and conspicuously in common2x
10 understood terms on each display and at each dispensinq device
11 any lfmitations applying to the pricet
� (A) Fcr purposes af this rule limita�ions include
�� but arQ limited to methods of payment, e. . , eredit or
1� . cash; lev�al of serwic�, e. . , full service or mini-
16
serve.
1� (B) In th� event each dispensing device on a
1? dispensing island is subjee� ta the ssme limitations,
1� clear and conspieuous signs may be plaeed on the canopy
18 above the island �ha� are visible fram each sidE �of the
� fsland or xt the entry points of the island statinq the
Z�' lfmitmtion in lieu of a sign placed ora each dispensing
� device on the island.
� (6) OTHER L�CATIONS: I� a
price df splay�d on a rsign is
� availabla only in a ee�rtain area af the aerviea station or busi-
� ness, th� asem where the price displayec7 is ava�ilable must be
� clearly and con�picuously identi�ied so cuatom�rs may readily
;
, . � determine the location of the displaysd price.
�
4 — GASOGIN� I�ii��TlS�t��
Department ot Justice ,
Bw�inew/Labar/Consumer Atfain Diviiiaa ;:
Finaacial Fraud Sectioa
9alem,Ore�on 9?310
(SOS) S?8-4?3Z �`
;a
1 �
�� '
1 OAR 137-20-16t�
Z (1) A retailer .ma not limit t�he
. y p�ice adv�rtised f�r a .
�_ particular _grade of gasoline or di.essl to a .consumer_ puschasing
-^ 4- ar -receivin _ _ _ -� - - _ _ - _ -
_ _ g good� or services 'in ad�i�ion -to -the :gasoline- or- _ _ ,
�� a -diesel _fuel except for full services. �For pusposes of this sec-
g tion �onsumer dqes not include truckers with PUC permits who
� purchase di�sel fuexo . '
8 ( 2) Th� location at which an zade of
y g gasoline ar diesel
9 fuel is disper�sed or at which any limitation is applfcable shall
10 not be chanq�d except for a bona fide reason and shall not be
11 chanqed within 60 day� of another change except for an �mergency
� or legal necessity. �
� (3) Violation of ORS 137-20-150 and this rule is a viol•ation
1� o£ �h� �Tnlawful T�ade P=actices Act, ORS 646.608(1) (u). .
1!�
18
a�
�
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21
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23
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Za �
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�
� 5 - GASOLINE ADVERTISING
�2/30/85TW#2/am
D�artm�nt ot Justio�
Bndaer/Lsbor/Consnm�r Atrain Diviiioa
Financial Frsud 3�atioa
8a1�m,OrKoa�?S10
(608)878-473Z
.
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� ' J �S.VIi. PACI�IC HWY. � �N �V !''. •E"'
; �
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'� ,�XISTiNG FREE��'TAND6NG L.OGO.SIGN '
� . ' -- JoP.�.:_ ;87122�;
. , . • �XISTING� FREE S'�ANDING-�RIGE SIGN.� - t
� � TO BE RENiOVED - = SHLET:
;
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�1A I'I'�!S 6.1
PI�IHI�TII� OC�IISSIC�1
JAN�Il4RY 24, 1989
k�AI�IDtII�i
CITY � TIG�RD� �t�(�C[J
T0: Kei.t� Iade,n, Seni.or Planner
F�CM: Ran�dy Clarna, D�e��lopm�ent Services Manag�x�i�
OA�'Es Jarwary 20, 1989
S[�T: Propoeed SW 81st Avetit�e st�d SW Dortxirtz Pla� public ac�ce�s �t
vacata.ons
Oti Janua�y 9, 19�9, the City Caur�cil iYaiti�ted the p�+cx,�ss to vacate twr�
unimp�rcyved public access easem�.nts kt�cxan as SW �ist A� ani :�1 D�rburn Plar.e
(se� at�ched maP). Crxancil initia�ted bofih psYx.�eedings at the req�t of Titan
�ies and Wavexly �nstn�cti.on whp x�ecently received ap�.�aval. to dEwelaQ
two subdi.va.sions xn ttYe a,r6a. �ese vacations appear to be nr�c�sary to �a.l.law
bath c�velc�pmeants to p�roceed as approv�ed. T'v�e attached a cany of tY� repart
tha� went to Cour�cil sY�auld ycxi ayeed mr�re backg�rounr3 inforntation.
P�er' �t5 ar�d � r�quirc�nents, the Planning Cam2ission m�st revic-�a �nd ma]ae a
reca�me:r�dation z�„�;7 the apprnva], of these p�posals, Ccxu�c.il i.s sch�e�uled
to consic�r the pr�als at itheir ��ehru� 13, 1989, meeting. P1�se set this
item o� the Ca�u�sion's J�anuaxy 24, 1989, ag�e.,trda.
�
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I' � � . � . . . . . ..... . . .. . .
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�.
MEMORANDUM
CITY OF TIGARD, OREGON
T0: Pat Reilly, City Administrator UATE: Decembex 29, 1988
FROM: Ed Hux�phy, Community Development Directoi
SU�JECT: Init's.ation of Public Access Easement Yacat on -
Known as SW Dorburn Place
�
I. OVERVIEW
i
A. Summary. The City has received a re�uest from Titan Properties,
Inc. to initiate vacation proceedings for a 25 foot wide unimproved
publie easement lmown as SW Dorburn Place (see attached vicinity
map).
B. Policy Implications. Street vacat�.ons can be initiated by petition
or by �.luncil. Council has adopted Resolution 85-30 as the City's 1'I
polic}� co.�cerning City Council initiated vacations y which gen,erally
states that Council will initiat� vacati.o�s if petition requirememts
�would present the vacation applicant with undue hardship or delay
andlor if the yscation appeass to be xn the public inter�st, Staff I
feels that both criteria above would apply in this particular II
prvposal.
C. Financigl Im�lication. Consistent with City policy, Titan 'I'
Properties will be paying all staff time and advertising/materials
cost associated with the processing of this vacatiorn. Oth�r ,
po+tential financisl implications will be discussed in the staff
report for the public hearing. '
D, Recommendation. It is recommended that Council adopt the at�ached II
resolution which initiates vacation proceedings for that public
easement known as SW Dorburn Place and calls for a public hearing on ,
February 13� 1988.
II. ANA'LYSIS
A. BackRrounc�. This vacation request is by Titan Properties who
recently received preliminary approval to develop a 45 lot
subdivision (Langtree) on the property in which the Dorburci Place
easement is located. At the time, staff reviewed the Langtree
proposal� it was assumed the DorbuTn Place easement wxs pci,vate
based on a decision the County had made in 1982. Therefore
�i
{�._ �. .
Pat Reilly
Aecember 28. 1988
Page 2
elimination of the ea�ement appeaced to be a private concerm and did
t�Qt involve a public vacation. However, recent questions raised by
certain title insuranc� companies and the develuper caused the
County and the City to study the matt�r £urther. Aftez further
rese�rch, it appears the public probably has interest in this
eas�ment. The City Attorney has recqmmended that we go through the
vacation process to semove any public inter�est that may exist. '
i
B. Alternatives Consid�red. Prior to learning that the public probably j
has intecest in this easement, staff was working with tha develog�er !
to have various private property owners° interest in the easement
released. It was thsough these efforts that questions we�°e raised ,`
about 3urisdiction of the easement.
The only other al�ernative considered was to ha�e the developer try
snd utilize the publ.ic easement in their plat design. This
alternative would force significant hardship on �t�e developer and ,!
may crea�e a lot cor►figuration s�ot compatible with the surroundin�
are�. li
'i
III. CODiCLUSI0�1
At thi.s point, it would appear to be in ths gublic's interest for �h�
Council to initiate vacation proceedi.ngs, As required by ORS� a more
detailed review by all affected sgencies will be performed between ne�w
and the public h�aring.
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MEMORANDUM
CITY OF TIGARD, OREGON
I
T0: Pat Rei11y, City Administrator DATE: December 29� 198$ ''
FROM: Ed Murphy9 Community D�velopment Directo
SUF�JECT: Initia�ion of Public Access Easement Vacatio -
Known as SW 81st Avenue
I. OVERVIEW
A. Summary. The City h�s received a request from Waverly Construction,
Inc. to initiate vacation proceedings for a 40 foot wide unimproved
publ.ic easement known as SW 81st Avenue tsee attached vic3t�ity map).
B. Policy Impliaations. Street vacations can be initiated by petition
or by Council. Council has adopted Resolutian 85-30 as the City's
policy concernin.g City Council initiated vacatians, which generally
�tates that Council will initiate vacations if petition requir�ments
would present the vacation applicant with undue hardship or de�ay
and/or if the vacata.on appears to be in the public interest. Sta£f
feels that both criteria above would apply in this particular
propos�l.
Ce �'in�ncial Implication. Consistent urith Gi�y policy, Waverly
Construction will be payin� all s�aff time �nd advertising/materials
cost associ�.ted with the processin� of tt�i.s vacation. Other
potential financial implications will be discussed in the staff
report far the public hearing.
D. Recommenc8ation. It is recommended that Counci.l adopt the attached
r�solution which initiates vaca�ion proceedings for tttat public
easement knowct as 5W 61st Avenue and calis f�r a public hearing on
Febx�uary 13s 1988.
AI, ANALYSIS
A. Background. This vacation request is by Waverly Construction who
recently received preliminary a�proval to develop a 109 lot
subdivision (Ashland Oaks TI) on the property in whi.ch the 81st
Avenue eas�m�nt is located. At tt�e time, staff reviewed the Ashfnrd f
Oaks II proposa�l� it was assumed the 81st A�renue easement was
privat� ba�ed on a decision the County had made in 1982. Tt�ere£ore
. ;.t
�,.
Pat Reilly 1
December ?.9, 1988 ''
Page 2 {
elimination of the easement appeared to be a private concern and did
not involve a public vacation. 1Howevec, rec�nt questions raised by
certain title insurance companies and the developer caused the
County and the City to study the matter further. Aft�r further '
research, it appears the public probably has interest in this
easement. The City Attorney has recommended that we go through the ,s
vacation process to remove any public interest that may exist.
B. Alternatives Gonsidered. Prior to learning that the public probsbl�
has �.nterest in this easement� staf f was working with the developer
to have various private property owners` �nterest in the �sas�ment
released. It was through these efforts that questions were raised
about 3urisdiction of the easement.
C
The only other alternative considered was to have the developer try
and utilize the public easement in their plat design. This
altern�tive would force significant hardship on th� developer and
mt�y create a lot configuration not compatible with the surrounding
area.
III. CONCLUSION
At this po�int� it would appear to be in the public's interest for the
Council tA initiate vacation proc�edings. As required by ORS� a more
datailed review by all affect�d agencies will be performed between now
and ths p�r'blic t►eari�g.
bri8565D
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